Day 311 - 06 Dec 96 - Page 08
1
2 MR. RAMPTON: The method of proof is different, because it
3 becomes proof by reason of the rule that -----
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5 MR. JUSTICE BELL: But the fact that that was the answer given
6 to an interrogatory is always in the forum, is it not?
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8 MR. RAMPTON: Yes, it is.
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10 MR. JUSTICE BELL: Regardless of Order 26, Rule 7.
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12 MR. RAMPTON: It is by operation of a different rule that it
13 becomes evidence against Mr. Morris, and that is the rule
14 that it is an admission made out of court and is against
15 interest.
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17 MS. STEEL: It is always going to be what-- sorry?
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19 MR. RAMPTON: I have no objection to your Lordship reading the
20 whole of the interrogatories -- though I am sure you
21 already have -- no objection at all.
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23 MR. MORRIS: Can I just say, I have not got a copy of my
24 interrogatories. Has someone got a copy they can show me?
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26 MR. JUSTICE BELL: Look at it later. You can look at it in the
27 midday adjournment. As I understand the position at the
28 moment -- and you are going to come back to your
29 submissions of law, so you can deal with it then -- as
30 I understand it, the position is this: if you ask whether
31 someone was at such and such a place at such and such a
32 time, by interrogatory, and they give an answer to it, the
33 other side can adopt that answer as evidence of the truth
34 of what is said. In other words, if it asks: "Were you at
35 5 Caledonian Road on such and such a date", and the answer
36 is, "Yes", the other side can put that in as evidence that
37 the party who has sworn the answer to the interrogatory was
38 at 5 Caledonian Road on such and such a date. That is one
39 situation. If there is an interrogatory: "Were you at
40 5 Caledonian Road on such and such a date", and the answer
41 sworn is, "No", but it is conclusively proved that you were
42 there, the answer is not put in by the other side as
43 evidence that you were not; in fact, their whole case is
44 that you were; but the answer to the interrogatory can be
45 used as a demonstration that you have lied in the past
46 about whether you were at 5 Caledonian Road on that day,
47 because that is something which may go to the credit of the
48 particular witness.
49
50 If I have misunderstood the position, Mr. Rampton, I would
51 like to be corrected on it. And if you disagree with it,
52 Ms. Steel or Mr. Morris, when we come back some time next
53 week over your legal submissions, you must deal with it
54 there and put me right, because I will certainly consider
55 anything which is put before me.
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57 MR. RAMPTON: To that end, my Lord, two things. First, that the
58 Defendants should have this part of today's transcript,
59 obviously, because they will need to take legal advice
60 about it. The second thing is this: it may be that
