TREA
SOLICITOR
THE TREASURY SOLICITOR Queen Anne's Chambers
28 Broadway London SW1H 9JS Telephones Direct Line
071-210
Switchboard 071-210 3000
GTN
210
Fax Nos. 071-222 6006 - 071-210 3488
ce.
Mr. Moms HKD
Mr. Yaghmounion, SEAD
Ms. Barnell, Asst. Leg & Adviser
Telex 917564
Nigel Padar
DX No. 2318 Victoria
Nigel Parker Esq
Please quote
K275
L91/JZ
2703567
17
Legal Advisers Branch
Foreign & Commonwealth Office
Your reference
London SW1
Date
July 1991
CONFIDENTIAL
Received 1/7/91
NF
Dear Nigel
LORRAIN OSMAN - DISCOVERY OF DOCUMENTS
I enclose for your information a copy of a letter received from Messrs Clifford Chance together with copies of those enclosures. I must admit at first lush I was somewhat alarmed to see that
see that these documents existed. I should be grateful if you would kindly let me have your comments on the letter of Clifford Chance, and in particular whether or not the telegrams are on your files.
If the telegrams are on Foreign Office files, it may be incumbent upon us to provide an explanation as to why the existence of these document、 was not provided beforehand. Further, I suspect that we must be ready to fend off an accusation from Osman's representatives that if we have failed to discover documents such as these, this must lead to the suspicion that we are withholding other documents. I would be anxious not to let such an argument even get off the ground. Accordingly, further consideration must be given to what other documents exist on file.
I have, however, had the opportunity of discussing the matter with Clare Montgomery. It is clear that if these documents are potentially discoverable then they would also come within Category C of the PII certificate signed by Francis Maude. However, we may in fact be able to avoid disclosing the existence of these documents simply on the grounds that they are not contained within the original order for discovery. Whilst I have noted the views of Carolyn Martin in paragraph 3 of her letter, nonetheless I am anxious if possible to avoid opening a fresh can of worms, particularly when the old can of worms has long since been disposed of.
I hope to be discussing this matter later on in the week with Clare Montgomery, but in the meantime I would be grateful for your urgent comments.
Yours sincerely
JONATHAN ZIEGEL'
for Treasury Solicitor
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