Day 258 - 07 Jun 96 - Page 66
1 must apply to the whole document.
2
3 MR. JUSTICE BELL: Yes, but I will hear the argument at the
4 appropriate time which I consider when you first want
5 actually to ask one of the inquiry agents about something
6 relating to it. As I understand it, all the actual notes
7 are going to be in court in case something has to go in
8 which is not in the evidence, and if you succeed in
9 obtaining discovery after argument at the appropriate time
10 and it goes in, and it leads you to some particular
11 difficulty you will have to raise it with me at the time.
12
13 MR. MORRIS: If it is a matter of who attended a meeting it must
14 be relevant.
15
16 MR. JUSTICE BELL: I am not going to hear the argument at 12
17 minutes past 4. I have got a vast list of authorities and
18 references to two chapters in the text book, and I assume
19 there is going to be an argument about it. When the time
20 comes, and if you do, you ask one of the witnesses to look
21 at that note; who was it, who was there, apart from X, Y
22 and Z, and Mr. Rampton stands up and says, they are not
23 entitled to that information, then the witness will have to
24 stand out for a while, I will hear argument and I will give
25 a ruling. That is the way I propose to deal with it. What
26 I did not want to do when the matter was raised before is
27 just give a ruling in principle. I want to deal with it
28 when a particular issue arises, if it does arise.
29
30 MS. STEEL: OK. I think that in terms of specific ones as
31 opposed to a general request that all the blanked out bits
32 be disclosed seeing as--
33
34 MR. JUSTICE BELL: Bear in mind what I have just said. When you
35 come to question one of the inquiry agency witnesses a time
36 will come when you will, it sounds as if, say, 'look at
37 those notes' and then ask a question which Mr. Rampton will
38 object to. Then I will hear argument and make a ruling,
39 and the ruling in relation to the first matter which arises
40 may or may not cover any further objections which were
41 made, but I want to take them, hear the argument and rule
42 on them, as specific objections made in relation to
43 specific potential evidence, rather than give a ruling in
44 principle, because I can see that if I give a ruling in
45 principle a lot of time might be wasted on arguing about
46 possibilities which do not arise, or my ruling in principle
47 may turn out not to be clear in a particular situation.
48
49 So that is the way I prefer to do it.
50
51 MS. STEEL: OK. That is it then.
52
53 MR. RAMPTON: Can I add my, Lord, I told your Lordship last time
54 the list of authorities related to the question of
55 privilege, which it did, and then your Lordship said 'what
56 about the question of what documents in principle are
57 privileged'. With the particular reference to the
58 question, are communications between client and third party
59 absent lawyer privileged, the answer is, yes, they are, but
60 the two additional authorities which show that are
