Day 262 - 13 Jun 96 - Page 59
1 MR. JUSTICE BELL: Yes.
2
3 MR. RAMPTON: I have not deployed the reports. But I do not in
4 the least bit resist the idea that the parts of the reports
5 which reflect the notes which I have deployed are
6 disclosable. Whether anybody should think it worth looking
7 at them is another question. But there are two separate
8 questions involved in those reports. They are separable on
9 two different grounds: one, where they recite what went on
10 at a meeting which has no relevance, and about which I have
11 deployed no evidence at all. They can plainly be blanked
12 out on the -- I get muddled with the names of these
13 insurance companies -- but on the one GE one your Lordship
14 mentioned, GE Capital case. They plainly go straight out,
15 anyway, on the grounds of relevance.
16
17 So far as the other ones are concerned, where you have two
18 people reporting on the same event and I have only called
19 one of those witnesses, then, in our submission, the same
20 applies to that part of the report which is based on
21 witness that I do not call as applies to the notes of that
22 witness. In other words, they fall within this difficult
23 area, but are caught by what we submit is the overriding
24 principle, that simply because you deploy a witness it does
25 not mean that you have to open the cupboard for all the
26 witnesses that you did not call, because that would, in
27 effect, as Hobhouse J. said in the General Accident case,
28 that would really be to tear up the whole principle of
29 privilege altogether.
30
31 MR. JUSTICE BELL: Yes. So it is the same argument.
32
33 MR. RAMPTON: It is the same argument, in answer to the same
34 question: what is the extent of the waiver?
35
36 MR. JUSTICE BELL: Yes. Thank you very much.
37
38 MR. MORRIS: I am a little bit concerned that we are going to go
39 on quite a long time today. I would like to make some
40 childcare arrangements.
41
42 MR. JUSTICE BELL: There is no reason why you should stay in
43 court. The trouble is, every time we break off, there is
44 less chance of Mr. Hall finishing what he has to say.
45 I understood that if you cannot help me today, that is it,
46 Mr. Hall, for a while. Is that right?
47
48 MR. HALL: It is. I could may make other arrangements for next
49 Wednesday, but not before then.
50
51 MR. JUSTICE BELL: No. It is up to you, Mr. Morris, but -----
52
53 MR. HALL: If it helps, my Lord, I anticipate taking 45 minutes.
54
55 MR. JUSTICE BELL: Yes.
56
57 MR. HALL: It may be I take a little longer than that.
58
59 MR. JUSTICE BELL: Let us have a five-minute break now. But,
60 really, on this, Mr. Morris, it seems to me if we come back
