Day 260 - 11 Jun 96 - Page 37


     
     1        first of all, I do not know what Mr. Hall's availability is
     2        and when he is available to put his argument.  While
     3        Mr. Hall is here, Mr. Rampton, it would be helpful if you
     4        could find out to what extent (if at all) there is any
     5        difference between you as to what the actual principles
     6        are, as opposed to their application to the particular
     7        circumstances of this case.
     8
     9        Another matter which is of course fundamental to any
    10        discovery, apart from where there are gaps in documents of
    11        course, is just what notes, reports, et cetera, are in the
    12        possession, custody or power of the First or Second
    13        Plaintiff, anyway.  I do not even know the extent of that.
    14        I do not know whether it is two or three sets of notes or
    15        20 or 30 sets of notes in the possession, custody or power
    16        of your clients, as opposed to the two firms of inquiry
    17        agents.
    18
    19        The possible issues, obviously, are what documents are in
    20        your clients' possession, custody or control -- I can see
    21        what parts are missing from the documents which I have got
    22         -- what parts of documents or what documents which I have
    23        not seen are irrelevant; what are accepted to be relevant
    24        but contended to be privileged; and what are relevant
    25        privileged but it is contended that privilege has been
    26        waived -- because I would like to make use of Mr. Hall's
    27        willingness to argue the matters.  I do not know how long
    28        he is available for; and, obviously, interested though
    29        I may be in the argument, I have to see what the practical
    30        consequences of it are at the end of the day.  At the
    31        moment, I just do not know whether there are a lot of
    32        document or a few documents.  If there can be some
    33        discussion -- and if you want me to lengthen the midday
    34        adjournment so that you can talk to Mr. Hall, I will
    35        happily do so.
    36
    37   MR. RAMPTON:  If your Lordship would say quarter past, I dare
    38        say that, with a bit of goodwill -- which I know Mr. Hall
    39        and I will share -- we can cut away quite a lot of
    40        contentious principle.  The decision on the facts is one
    41        which Mr. Hall, because he is not in the case, may not be
    42        able to contribute much to, because he does not know the
    43        evidence.  But I will talk to him and find out what he
    44        feels about that.
    45
    46   MR. JUSTICE BELL: That would be helpful.  Then, if you can tell
    47        me, when I come back at quarter past two, how you and
    48        Mr. Hall, if you can reach a common approach, would like to
    49        deal with it.
    50 
    51        I think, obviously, Mr. Hall you have to check with 
    52        Ms. Steel and Mr. Morris that they are content to follow 
    53        whatever course seems sensible to you.  I merely say that
    54        because, if you were counsel in the normal situation of
    55        formal instructions, you would make up your own mind about
    56        that.  But it is a slightly odd situation, so no doubt you
    57        will check.
    58
    59   MR. HALL:  Certainly, my Lord, yes.
    60

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