Day 246 - 09 May 96 - Page 10
1 A. I was not there, I do not know what they discussed on
2 the day. They may have had one topic and talked about
3 something else, I simply do not know.
4
5 Q. As this is not going to go anywhere with the witness,
6 because he does not appear to know anything about it, I am
7 a bit concerned about blanking out these documents again,
8 because it strikes me that they must all be about what the
9 Company was doing with publicity about the case which bear
10 about this paper and about London Greenpeace which must
11 therefore be relevant. I do not really see how it can be
12 about anything other than publicity.
13
14 MR. RAMPTON: My Lord, there are 2 answers to that. The first
15 is that, no, the rest of the materials exercise was done in
16 our usual way by Mr. Atkinson and myself. There are 2
17 answers. The first is, no, a good deal that is not there
18 had nothing to do with the issues arising out of the
19 counterclaim, or indeed the action itself. The second
20 answer is that a good deal of the material that was
21 concerned with this is concerned with this case, but
22 reflects the advice given by the solicitors and counsel and
23 is therefore privileged.
24
25 MS. STEEL: I do not accept that anything in these documents
26 from the communications company, Scope Communications
27 Company, can be anything which is privileged because it is
28 not a communication between the lawyers and the
29 Plaintiffs. Therefore, it should not be blacked out for
30 that reason, and, as far as I can see, it is all about
31 London Greenpeace and about this court case, and therefore
32 it must all be relevant. I make an application for it to
33 be disclosed.
34
35 MR. JUSTICE BELL: What is the position about matters which
36 refer to advice but are not communications between ----
37
38 MR. RAMPTON: My Lord, it starts at page 444 of the White Book,
39
40 MR. JUSTICE BELL: Page?
41
42 MR. RAMPTON: Page 444, volume 1, of the White Book, at 24/5.
43
44 MR. JUSTICE BELL: Let me complete my note.
45
46 MR. RAMPTON: Sorry.
47
48 MR. MORRIS: I think the witness will be asked if he would like
49 to sit down.
50
51 THE WITNESS: I am fine.
52
53 MR. JUSTICE BELL: It is easier if you sit down because then it
54 is clear you are taking no part in the discussion,
55 Mr. Preston.
56
57 MR. RAMPTON: There are two very short passages which knock this
58 application on the head for good and all: first of all,
59 24/5/A(b): "Communications privileged only when litigation
60 is contemplated".
