Day 199 - 11 Dec 95 - Page 25
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2 MR. JUSTICE BELL: I am just making a list at the moment. Then
3 we will see what, if anything, we can go on to do today.
4 So among the topics you want to raise I am going to put "6
5 Fairgrieve's documents". I am not asking for any
6 discussion of that now. I just want to make a list. Are
7 there other topics?
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9 MS. STEEL: We have not actually sat down and prepared our list
10 yet. There are other things we will want to bring up.
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12 MR. JUSTICE BELL: I would like you to tell me now what you have
13 in mind at the moment. Some of them we may be able to deal
14 with tomorrow.
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16 MR. RAMPTON: My Lord, while I am standing up, Mrs. Brinley-Codd
17 is not conscious of any letter about Mr. Fairgrieve's
18 documents. She is looking at the correspond file and the
19 only one we have of 13th October is from Mr. Morris dealing
20 with other matters and not to do with Mr. Fairgrieve which
21 is why it came as a surprise when Ms. Steel mentioned it
22 just now.
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24 MR. JUSTICE BELL: When I rise see if you can find a copy and
25 try to identify it.
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27 MS. STEEL: I have a copy here. I also faxed a copy to you, so
28 I do not know whether it is in your bundle.
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30 MR. RAMPTON: We will make a copy of that when your Lordship
31 rises. The question of Mr. Fairgrieve, in any event, is
32 likely to arise under item 2, if your Lordship wants that
33 discussed either today, tomorrow or on Friday.
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35 MR. JUSTICE BELL: I think we should discuss it if only to clear
36 the air.
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38 MR. RAMPTON: My Lord, yes. These are somewhat abbreviated
39 items. I believe No. 2 is clear enough. The question mark
40 is in fact: Is there any need for any further nutrition
41 evidence in the light of your Lordship's ruling. If so,
42 what it might be. No. 3 is a slightly different point,
43 that having read a recent judgment of the Court of Appeal
44 in the case of Freudian reported in the Times, in which the
45 Court of Appeal said, in effect, that the parties,
46 particularly counsel, must be very careful to focus on what
47 are the real issues in the case and not let the case get
48 bogged down with matters which are peripheral, and are not
49 likely to be in any sense decisive in the outcome, that is
50 the reason for No. 3.
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52 MS. STEEL: What is the name of the case?
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54 MR. RAMPTON: Freudian.
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56 MR. JUSTICE BELL: Have you copy of The Times?
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58 MR. RAMPTON: Yes, 4th December. We have put a line beside the
59 relevant bit.
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