Day 159 - 20 Jul 95 - Page 18

     
     1        and the Plaintiffs said that they would look into it and
     2        give an answer as to how they got hold of it, or something,
     3        or how and why they were relying on it.  I cannot remember
     4        but they did say they would look into it.  We have not
     5        heard -----
     6
     7   MR. RAMPTON:  Yes, I have done that.  There will have to be an
     8        argument about it because I do not think it is privileged.
     9
    10   MR. JUSTICE BELL:  At some page let us have that argument -- not
    11        now.
    12
    13   MS. STEEL:  It would be helpful if the Plaintiffs gave some
    14        indication of what they are proposing to argue and ---
    15
    16   MR. RAMPTON:  Certainly.
    17
    18   MS. STEEL:  -- why they are proposing to argue it; it was
    19        something that was brought up a long time ago.
    20
    MR. JUSTICE BELL:  Yes, I know.
    22
    23   MS. STEEL:  I think it was in February or something like that.
    24
    25   MR. JUSTICE BELL:  I think if you are wanting to get it back,
    26        then it is for you to say why you suggest it is privileged,
    27        and then I will hear whatever Mr. Rampton might want to say
    28        in answer to that.
    29
    30   MS. STEEL:  I think we did say on a previous occasion, in fact,
    31        it was correspondence for the purposes of getting witnesses
    32        and evidence.  That was purely and simply -- that was its
    33        only purpose.
    34
    35   MR. JUSTICE BELL:  Get your references and everything together
    36        and we will have half an hour.  It should not really
    37        deserve any more, if possible, sometime before we finish on
    38        next Tuesday to deal with that.  If someone can make a note
    39        of that.  Is there anything else you want to refer to?
    40
    MS. STEEL:  Any other matter, you mean?
    42
    43   MR. JUSTICE BELL:  Yes.
    44
    45   MS. STEEL:  There is actually -- I had forgotten there was
    46        something else I wanted to ask about -- it is in relation
    47        to the counterclaim.  There are two bundles full of
    48        leaflets for the counterclaim; one came with the voluntary
    49        particulars and, obviously, in order for us to give
    50        discovery, we have to go through the bundles, and I have 
    51        looked through them, although not carefully, matching them 
    52        up, but a number of them do appear to be the same. 
    53
    54        What I wanted to know is if the Plaintiffs could say
    55        whether or not all the ones that appear in the first bundle
    56        are to be found in the second bundle and, therefore, we
    57        only need to check the second bundle.
    58
    59   MR. RAMPTON:  My Lord, Mr. Atkinson knows the answers to these
    60        questions, not me; I am not yet a counter claim expert.