Day 250 - 15 May 96 - Page 14

     
     1   MR. JUSTICE BELL: Refer me to the bit, a part... I understand
     2        the communications between a solicitor and an
     3        non-professional agent.
     4
     5   MR. RAMPTON:  The relevant passage, and I will reword it
     6        because, as I say, the principle extends far beyond
     7        documents.
     8
     9   MR. JUSTICE BELL:  Yes, but what about communications between
    10        one non-professional agent and another, which could be
    11        argued to be the communication between Mr. Nicholson and
    12        Mr. Clare?  I mean, the whole of this argument may be...
    13        'Arid' is the word I use time an time again, because Mr.
    14        Nicholson said he did not need him for the purposes which
    15        Ms. Steel is putting forward and he does not seem to...  He
    16        is saying he cannot remember what the reason was.
    17
    18   MR. RAMPTON:  I know, that is why I let it run, but I am anxious
    19        ----
    20
    MR. JUSTICE BELL:  So we are at a dead end anyway?
    22
    23   MR. RAMPTON:  Yes.  I am anxious the Defendants should not think
    24        they can pry into these matters unless the privilege is
    25        waived.  May I read it?  It is a passage on page 445 at
    26        25.59.  Its subheading is 'client', who is Mr. Nicholson,
    27        'and non-professional agent or third party', which is
    28        Mr. Clare.  'The general principle is that', and I now
    29        reword it, "communications with, including reports to and
    30        from a non-professional servant or agent or third party,
    31        are privileged if, and only if, coming into existence for
    32        the purpose of obtaining legal advice in existing or
    33        anticipated proceedings", and that the authority for that
    34        is the very well-known case of Seabrook v British Transport
    35        Commission.
    36
    37   MR. JUSTICE BELL:  But is this for the purpose of obtaining
    38        legal advice?
    39
    40   MR. RAMPTON:  Plainly, my Lord, it must be.  If the place of the
         meeting is at the solicitors, Mrs. Brinley-Codd is there,
    42        and the question is what to do with the information which
    43        Mr. Clare has, what sort of a witness will Mr. Clare make,
    44        then in the end the whole decision of about what to do with
    45        it will be made by the lawyers with the client.
    46
    47   MR. JUSTICE BELL:  What I am picking up is your analogy, if it
    48        was at the Head Office in East Finchley between Mr.
    49        Nicholson and Mr. Clare.
    50 
    51   MR. RAMPTON:  It would not make any difference because if Mr. 
    52        Nicholson himself, instead of having Mrs. Brinley-Codd 
    53        there, interviews Mr. Clare at East Finchley for the
    54        purpose of the proceedings, in other words, getting the
    55        information so that the solicitors ----
    56
    57   MR. JUSTICE BELL:  I do not know it is that; it might be so he
    58        can form his own judgment on whether to go ahead or not.
    59
    60   MR. RAMPTON:  That may be, but that question has not been put.