Day 262 - 13 Jun 96 - Page 45
1 in Re Highgate Traders Ltd., Plummers Ltd. v.
2 Debenhams plc and Guinness Peat Properties v.
3 Fitzroy Robinson Partnership."
4
5 My Lord, I have no hesitation in accepting that is the
6 correct test when the question is: is litigation
7 contemplated? The answer, if it is affirmative, is: when
8 it is in reasonable prospect.
9
10 MR. JUSTICE BELL: Yes.
11
12 MR. RAMPTON: My Lord, in support of that -- and it is an
13 attractive alternative way of putting it -- there is what
14 Bingham L.J. said in Ventouris v. Mountain; and as what one
15 might call an illuminating explanation of litigation
16 privilege, I would say there is no better exposition than
17 can be found in this judgment. It is reported at
18 [1991] 1 W.L.R. 607.
19
20 MS. STEEL: Can we have moment to find it, please?
21
22 MR. RAMPTON: I will not read the factual part of the headnote,
23 because it is not for this case. I rely on it simply for
24 its, as I say, illuminating expressions of principle.
25
26 MR. MORRIS: It is one of the ones we were handed.
27
28 MR. RAMPTON: I handed it over the other day. Did I not?
29
30 MR. JUSTICE BELL: Can we see where we are going at the moment,
31 because I thought Mr. Hall was representing the Defendants
32 on privilege and waiver.
33
34 MR. RAMPTON: So did I.
35
36 MR. JUSTICE BELL: Although I can see that they might deal with
37 the matter themselves so far as relevance is concerned.
38
39 MR. RAMPTON: Yes.
40
41 MS. STEEL: We would still like to be able to follow what is
42 going on, though.
43
44 MR. JUSTICE BELL: I know, but we cannot wait for ages while you
45 turn up a document when, as far as I know, Mr. Hall is
46 there already. To follow, all you have to do is listen to
47 what is being said. Have I got the division of labour
48 correct?
49
50 MR. HALL: My Lord, that is certainly my understanding.
51
52 MR. JUSTICE BELL: Very well.
53
54 MR. MORRIS: If it helps, I have found Ventouris v Mountain.
55
56 MR. JUSTICE BELL: Try to let Mr. Rampton keep going, because
57 I do want to hear Mr. Hall on the two parts he is here
58 kindly to help me on.
59
60 MR. MORRIS: May I make a suggestion, that it looks like we will
