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 -----
9 MR. JUSTICE BELL: What are you looking at at the moment? It
10 was the part I referred you to, was it not?
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.
18 MR. RAMPTON: My Lord, may I intervene? This applies only to
19 personal injuries cases.
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?
26 MR. MORRIS: Yes, I have 659. I do not know if I have the
27 right -----
29 MR. JUSTICE BELL: Yes, Order 38, r.13.
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 -----
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?
40 MR. MORRIS: Yes, I did copy 660.
42 MR. JUSTICE BELL: Look at 38/14-19/4 which is on page 663.
44 MR. MORRIS: I only copied up to 661.
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.
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.