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
