Day 311 - 06 Dec 96 - Page 05


     
     1
     2   MR. JUSTICE BELL:  Yes.  But que his statement, he is only a
     3        witness.
     4
     5   MR. RAMPTON:  No, my Lord.  That is a statement by a party, just
     6        as his Haringey affidavit is.
     7
     8   MR. JUSTICE BELL:  Even if it is served under directions of the
     9        court?
    10
    11   MR. RAMPTON:  My Lord, that is a separate question.  But he is
    12        not only a witness.  That is the whole difference.
    13
    14   MR. JUSTICE BELL:  Is not Ms. Bensilum's statement a statement
    15        of a party?  A company can only make statements through its
    16        officers.
    17
    18   MR. RAMPTON:  Well, it depends whether she has the status, or
    19        your Lordship thought she had -----
    20
    21   MR. JUSTICE BELL:  Well, maybe.  But, subject to that -----
    22
    23   MR. RAMPTON:  Subject to that, I am quite content with it.
    24        I have taken the view that it carries the matter -----
    25
    26   MR. JUSTICE BELL:  Well, why did we have all the argument we had
    27        a few weeks ago?
    28
    29   MR. RAMPTON:  I am sorry, I cannot remember the argument.  But
    30        if a party out of court makes statements which are against
    31        interest, then the general rule is that they become
    32        admissible.
    33
    34   MR. JUSTICE BELL: Yes.  But you were telling me there is a
    35        special situation in relation to witness statements which
    36        are produced, exchanged, but where the witness is not
    37        called.
    38
    39   MR. RAMPTON:  I do not remember that.  I will have to check
    40        that.
    41
    42   MR. JUSTICE BELL:  In fact, you quoted the order and rule, which
    43        I hardly need tell anyone I cannot now remember.  But you
    44        actually quoted the orders and the rule about it not being
    45        put in, or something, unless the witness has actually -----
    46
    47   MR. RAMPTON:  I think what it says is that it cannot be used by
    48        any other party for any other purpose.
    49
    50   MR. JUSTICE BELL: Yes. 
    51 
    52   MR. RAMPTON:  That is not the same thing. 
    53
    54   MR. JUSTICE BELL:  We had better have a look.
    55
    56   MR. RAMPTON:  My Lord, we may as well clear this up now, if we
    57        possibly can.  It is Order 38, Rule 2A.
    58
    59   MR. JUSTICE BELL:  Yes.
    60

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