Day 250 - 15 May 96 - Page 32

     
     1
     2   MR. JUSTICE BELL:  As I understand it, if a report -- and I do
     3        not know that it did -- said that someone at the meeting
     4        called John did this, since the person writing the report,
     5        let us suppose John was working for the other firm, since
     6        the person writing the report and his agent who was at the
     7        meeting would not know that John was also a private
     8        investigator?
     9        A.  No, he would not, my Lord.
    10
    11   Q.   You would not appreciate, or would not necessarily
    12        appreciate, that that was an investigator?
    13        A.  I would not.
    14
    15   Q.   The same when you got the reports from the other side?
    16        A.  Absolutely.
    17
    18   Q.   Because there was this wall between them, as it were?
    19        A.  That is right, a very definite wall, yes.  They were
    20        totally unaware of each other.  They would not know, they
         had no reason to know, or even believe, that I had put
    22        another firm in.
    23
    24   MR. MORRIS:  I know it is one o'clock.  I would like to say this
    25        before lunch, and maybe think about it over lunch.  It is
    26        impossible for the Plaintiffs to draw any conclusions about
    27        what went on at London Greenpeace unless we know the names
    28        of all the agents and the period they were employed for
    29        this whole relevant period that we are talking about, at
    30        least from October 1990 to January '91 or, indeed, later if
    31        it turns out the agents were retained by the Company,
    32        because it is just impossible to draw any conclusions of
    33        any sort.
    34
    35   MR. JUSTICE BELL:  You can either put that in a letter and ask
    36        for information.  If you do not get the right answer, if
    37        you like you can draft an interrogatory and serve it on the
    38        other side and I can deal with it as a interrogatory, but
    39        you have to take a step yourself in the first place and if
    40        there is any argument about it I will hear the argument
         about it.  We are passed the stage where I am really just
    42        going to say it would be a good idea if one side told the
    43        other this, or vice versa.
    44
    45   MR. MORRIS:  We think it should be an order that they ----
    46
    47   MR. JUSTICE BELL:  Then you have to formulate your application
    48        in proper form.  You have to write in the first instance
    49        and ask for the information, which you can do pretty
    50        promptly. 
    51 
    52   MR. MORRIS:  We will do that lunchtime. 
    53
    54   MR. JUSTICE BELL:  If you do not get an answer, or you get it
    55        after a few days, or an unsatisfactory answer, you can, if
    56        you choose to do so, draft your interrogatories and I will
    57        consider the interrogatories if there is an argument about
    58        them.  If you do not get anywhere, either because you are
    59        not given the information or interrogatories are opposed
    60        and I, for any reason, think they are inappropriate, then