Day 104 - 15 Mar 95 - Page 02

     
     1   MR. MORRIS:  Thank you for the White Book.  I photocopied the
     2        pages that were suggested.  I do not know the best course.
     3        I was a bit confused on what was exactly relevant to this
     4        case.  So, is it appropriate to apply for those documents
     5        now or do you have to write out a summons with an affidavit
     6        and all that kind of stuff, because that would be quite an
     7        arduous task when it appears -----
     8
     9   MR. JUSTICE BELL:  What are you looking at at the moment?  It
    10        was the part I referred you to, was it not?
    11
    12   MR. MORRIS:  Yes, there were two parts.  I have not quite got to
    13        grips with them, to be honest.  There seems to be two which
    14        were the page 460 which was the application r. 24  7A/4.
    15        It seemed to imply quite an extensive technical procedure
    16        with affidavits.
    17
    18   MR. RAMPTON:  My Lord, may I intervene?  This applies only to
    19        personal injuries cases.
    20
    21   MR. JUSTICE BELL:  That was the one, do you remember, which
    22        I started looking at and then said it did not apply because
    23        that is only in respect of personal injury cases.  The
    24        other one is Order 38, was it not?
    25
    26   MR. MORRIS:  Yes, I have 659.  I do not know if I have the
    27        right -----
    28
    29   MR. JUSTICE BELL:  Yes, Order 38, r.13.
    30
    31   MR. MORRIS:  The heading is "To produce document at proceedings
    32        other than trial", but I do not know if that still means it
    33        relates to this situation.  I did read the note but I could
    34        not -----
    35
    36   MR. JUSTICE BELL:  I think what you really want, you need to
    37        look also just at writs of subpoena which start on page
    38        660.  Does your photocopy go as far as that?
    39
    40   MR. MORRIS:  Yes, I did copy 660.
    41
    42   MR. JUSTICE BELL:  Look at 38/14-19/4 which is on page 663.
    43
    44   MR. MORRIS:  I only copied up to 661.
    45
    46   MR. JUSTICE BELL:  That is dealing with attendance of a witness
    47        or for the production of documents at trial as opposed to
    48        proceedings in chambers.
    49
    50   MR. RAMPTON:  My Lord, I believe that is right.  I have had 
    51        experience of this before.  If you want documents in aid of 
    52        the proceedings in chambers, then you have to go by 
    53        Order 38 r.13.  If you want documents at trial you have to
    54        subpoena duces tecum a person or persons who have to be
    55        individually subpoenaed to bring the documents to trial.
    56        You get no prior sight of them.  The witness turns up or
    57        else he makes an application to the court to set aside.  I
    58        say that simply as an amicus because it is not a question
    59        that concerns me.
    60