Day 313 - 13 Dec 96 - Page 33
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2 MR. JUSTICE BELL: And whether it is a situation where I can
3 look at the particular facts of this case and say, 'Now,
4 where does article 10 take me on that', or whether it is a
5 situation where, for better or worse, I am bound by
6 precedent which is quite clear in relation to trading
7 corporations in this country.
8
9 I know that the House of Lords in Derbyshire reached the
10 same result by a slightly different route from the Court of
11 Appeal, but I notice that Lord Justice Balcombe in the
12 Court of Appeal said that article 10 really came in where
13 there was some doubt about being in 4.
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15 MR. RAMPTON: That is what the House of Lords said in ex parte
16 Brind.
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18 MR. JUSTICE BELL: He said that he thought there was some doubt
19 about public authorities. But in any event, since those
20 are matters which may, for all I know, go further if
21 I decide against the Defendants I would like to hear what
22 you say before I make a decision. I have to say that I am
23 not going to make a decision to dismiss or stay these
24 proceedings before proceeding to judgment. I will deal
25 with the argument which Mr. Morris put forward, and
26 Ms. Steel added to, in the course of my full judgment on
27 these proceedings.
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29 MR. MORRIS: Is it two o'clock we have to?
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31 MR. JUSTICE BELL: Yes. Two o'clock.
32
33 (Luncheon adjournment)
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35 MR. MORRIS: I was going to ask if you had a copy of the
36 transcript of the ruling in the appeal court the last time
37 we went?
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39 MR. JUSTICE BELL: Yes.
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41 MR. MORRIS: Of that is possible.
42
43 MR. JUSTICE BELL: Mr. Morris (handed).
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45 MR. MORRIS: Thank you. It is appreciated.
46
47 MS. STEEL: Can I just say -- or ask, I mean. We spoke to a
48 lawyer over the lunchtime about the letters and attendance
49 notes that were handed up to you and we were advised that
50 the fact that McDonald's had handed us copies of attendance
51 notes meant that we could make an application that they
52 have effectively waived privilege on notes relating to
53 their files and that we wanted to make an application that
54 they should disclose the entire contents of the file so
55 that we can see whether or not-----
56
57 MR. JUSTICE BELL: Is this the final position? The whole
58 argument arose because you objected to me seeing them, now
59 you are saying we you want me to see them are you?
60
