Day 262 - 13 Jun 96 - Page 37
1 arrangement to have the submissions. If we do get into the
2 submissions at 10 past two and we are still going strongly
3 after a while, then I will release Mr. Pocklington for the
4 rest of the day.
5
6 MR. RAMPTON: My Lord, certainly. I do not know how long
7 Mr. Hall is going to be. I do not anticipate I will be
8 more than about half an hour at the most.
9
10 MR. JUSTICE BELL: We will wait and see how we go. But if you
11 can kindly do that, please, Mr. Pocklington?
12
13 THE WITNESS: Yes.
14
15 MR. JUSTICE BELL: 10 past two.
16
17 (Luncheon Adjournment)
18
19 MR. RAMPTON: My Lord, since perhaps the most difficult part of
20 the argument relates to privilege, and since it is I who
21 assert privilege for, at any rate, some documents that
22 I accept are relevant, Mr. Hall has asked me to go first.
23
24 MR. JUSTICE BELL: Yes.
25
26 MR. RAMPTON: In doing that, I shall also address the question
27 of relevance, which is not strictly for me, to start with,
28 but I have said that I do not mind at all, given my
29 familiarity with the case and his lack of it.
30
31 My Lord, can I set out what I see to be the framework of
32 this discussion. Since I am starting, I may be a bit
33 longer than I indicated before lunch, but I hope that
34 I will stop by three.
35
36 The first issue I would like to address is relevance; the
37 second will be dominant purpose; and the third will be
38 waiver; how far does it extend and what is the meaning, in
39 the context of this case, of the word "transaction".
40
41 My Lord, so far as relevance is concerned, the starting
42 point must be -- of course, it is the question of
43 publication, as to which I do not believe there is any real
44 controversy so far as this afternoon's argument is
45 concerned -- the starting point must be the Defendants'
46 amended defence, I know that at about the same time the
47 Statement of Claim was re-amended.
48
49 So far as that is concerned, I feel that I am bound --
50 indeed, I am bound, as I believe your Lordship is -- by
51 your Lordship's ruling on the agency reamendment, which is
52 to the effect that the facts relied on in support of the
53 reamendment of the agency are, at any rate, substantially
54 the same (and I would say very nearly identical) to those
55 which are already in the action.
56
57 It must follow from that, in our submission, that none of
58 the new material, either that which has been disclosed in
59 consequence of the amended defence or that which the
60 Defendants now seek, can have any bearing on the agency
