Day 128 - 24 May 95 - Page 53
1 relation to advice, is it not, Mr. Rampton?
2
3 MR. RAMPTON: My Lord, it is probably a bit wider than that. It
4 probably covers, does it not, without looking at the
5 authorities -- I am doing it from memory -- all
6 communications between the client and the lawyer?
7
8 MR. JUSTICE BELL: Yes. I think it is a bit risky because I can
9 imagine one cannot even really ask Mrs. Barnes a general
10 question, "Have the lawyers ever asked you for any
11 document?" because the very next step is to go into what
12 the discussions were.
13
14 MR. RAMPTON: Exactly.
15
16 MR. JUSTICE BELL: So for the moment ask it in the form I have
17 asked. If you run up against the difficulty which you are
18 concerned about, then we will have it out completely and
19 find what the answer is, because if McDonald's, as it were,
20 put forward the answer that you say you are concerned
21 about, then it probably would be open to -----
22
23 MR. RAMPTON: My Lord, I should say the position is probably
24 different where enquiries have been made in response to an
25 order or direction made by your Lordship ----
26
27 MR. JUSTICE BELL: Yes, that is another matter.
28
29 MR. RAMPTON: --- and the response appears in an affidavit,
30 whether by Mrs. Brinley-Codd or Mr. Nicholson.
31
32 MS. STEEL: Which in this case it does because we specifically
33 asked for minutes of meetings in one of the applications we
34 made.
35
36 MR. RAMPTON: I did not say that; I said it an order or
37 direction.
38
39 MS. STEEL: Then if it was ordered that there should be an
40 affidavit.
41
42 MR. JUSTICE BELL: Say what the particular document you have in
43 mind at the moment is?
44
45 MS. STEEL: The minutes of Health and Safety Executive and Task
46 Force.
47
48 MR. JUSTICE BELL: Let us establish whether they exist, first of
49 all.
50
51 MS. STEEL: Mrs. Barnes did say earlier ----
52
53 MR. JUSTICE BELL: Let us establish that. Ask specifically
54 about it, if she knows whether they exist now.
55
56 MS. STEEL: (To the witness) The Company keeps minutes of the
57 Health and Safety Task Force, does it not?
58 A. The Health and Safety Task Force which is now the
59 Health and Safety Steering Group, yes.
60
