2
CODE 18.77
28012
CONFIDENTIAL
Reference.........
24
Mr Clift HKGD
BLAKER v PRIVATE EYE
see 27
Sear
copy Sir J. Cater
сору Copy 15/2/82
Я
(22
Segza
1. I do not think it is appropriate for an FCO legal adviser to be present at the meeting which has been arranged with the solicitors acting for one side in this private litigation. Moreover, I suggest that Sir J Cater, although himself committed to attending, should act with caution.
2. Our normal practice when a Crown servant, such as Sir J Cater, is asked to give evidence about his official duties is to advise that he should only do so if summoned by the Court itself, and that if he gives any statement in advance of the Court hearing (eg. a proof of evidence, or an affidavit) he should insist on its being given to the solicitors acting for the other side as well. In that way
the Crown and its servants are able to maintain strict neutrality in litigation to which it is not a party.
3. I suggest therefore that Sir J Cater should explain this practice to the solicitors, and then confine himself so far as possible to discussing whether the solicitors wish to proceed on that basis. It often happens that when solicitors learn of our practice they decide that they do not really need the witness at all. On the other hand, if there is a good case for producing the witness's evidence there should be no difficulty over the Court granting an application for a witness summons.
7. Bunowo
15 February 1982
CONFIDENTIAL
F Burrows
Legal Counsellor
HKK320/2
RECEIVER A
DESK O
al. I AFIEL