Day 246 - 09 May 96 - Page 12
1 which made lead to the obtaining of such evidence are
2 privileged". I cannot see that this document, and all the
3 documents in this particular bundle, would fall into that
4 category. They are not. They are between Scope and
5 McDonald's, not between the solicitors, because it talks
6 about communications between a solicitor and a
7 non-professional agent or third party. This is not between
8 the solicitor, this is between the Plaintiff and a third
9 party. It is not a document made for the purposes of
10 obtaining or giving advice, legal advice, or for obtaining
11 or collecting evidence, or for obtaining information which
12 may lead to the obtaining of such evidence. It is a
13 document about what public relations strategy to follow.
14
15 The second part that Mr. Rampton read out ----
16
17 MR. JUSTICE BELL: He relies on the first one.
18
19 MS. STEEL: He relies on the first one, OK. I would say that
20 clearly reading that, the document just does not fall into
21 that category.
22
23 MR. MORRIS: Yes, I just underline that the document cannot fall
24 into that category. It is not from solicitors, so it is
25 clear that that apparently does not apply to these
26 documents, and cannot apply to these documents and,
27 secondly, they are documents that not only do not relate to
28 legal advice or evidence, they cannot relate to legal
29 advice or evidence, the purpose of those documents, because
30 they are public relations documents clearly, so on both
31 those grounds there cannot be any issue of privilege over
32 those documents, and that is all.
33
34 MR. JUSTICE BELL: Well ----
35
36 MR. RAMPTON: The only thing I should add by way of giving
37 evidence, but I hope your Lordship will not mind, what is
38 not apparent from those documents is that on many of these
39 occasions Mrs. Brinley-Codd, and sometimes junior counsel
40 and once, I think, even I, were actually present at the
41 meetings.
42
43 MS. STEEL: I do not think that would make any difference in
44 terms of the purpose of this communication, and therefore
45 the status of the document. The purpose is not for any of
46 those matters which are dealt with under 24/5/8.
47
48 (FOR RULING - SEE SEPARATE TRANSCRIPT)
49
50 MS. STEEL: Can I just ask a question?
51
52 MR. JUSTICE BELL: Yes.
53
54 MS. STEEL: Would it be appropriate for the parts to be
55 disclosed relating to who it was to and who it was from,
56 because that might assist in who was present at the
57 meeting?
58
59 MR. JUSTICE BELL: What I suggest you do is you ask Mr. Preston
60 the questions you want to ask him about these documents and
