Day 006 - 05 Jul 94 - Page 82


     
     1
         MR. MORRIS:  I cannot find the papers -- I did copy them and
     2        bring them -- we are going to find a document where a
              document that was disclosed to us is different from the
     3        document which was originally disclosed -- sorry, the
              document in the trial bundle is different from the
     4        original document disclosed to us.  Some of the documents,
              obviously, have had the pages reversed to make them more
     5        intelligible because some of the documents were a bit
              jumbled up, which we are not complaining about, but it
     6        does make it a bit difficult sometimes to find the
              documents we have identified.  But this particular
     7        document was about the use of imported beef and
              rainforests.  It included some handwritten pages about the
     8        prosecution of the BBC.  There were four pages ---
 
     9   MR. JUSTICE BELL:  Where did that originate from?
 
    10   MR. MORRIS:  -- disclosed that were handwritten with notes on.
 
    11   MR. JUSTICE BELL:  Where did the document come from?
 
    12   MR. MORRIS:  Disclosed by the plaintiffs.
 
    13   MR. RAMPTON:  It came from Barlow Lyde & Gilbert.  As I told
              your Lordship on a number of previous occasions, that file
    14        which is the World Wildlife Fund file was found in
              Barlow's officers when they were looking for something
    15        else.  The handwritten notes to which Mr. Morris is
              referring are draft letters written by a partner in
    16        Barlow, Lyde & Gilbert which were disclosed in error.
 
    17        As your Lordship knows, when that happens, the party who
              makes the error does not waive privilege of a document of
    18        that kind and is entitled to have it back.  We have
              written to the we have written to the defendants asking
    19        for those papers back and we have not had them.  That is
              the reason they are not in the bundles.
    20
         MISS STEEL:  As I understand it, if the party accidentally
    21        makes discovery of a document, it thereby waives the
              privilege.
    22
         MR. JUSTICE BELL:  There is authority on it.  Mr. Rampton says
    23        that it does not.  If I am going to decide an issue to
              that effect, I will have proper argument on it.
    24
         MR. MORRIS:  Yes, we were not -----
    25
         MISS STEEL:  I do not think we are in a position to argue it 
    26        now because we have no legal papers with us. 
  
    27   MR. JUSTICE BELL:  No, it is not the time to do it.
 
    28   MR. MORRIS:  The reason I brought it up though is because we do
              not know, without checking every document out of tens of
    29        thousands, if there may be other pages that have not been
              inserted.  Because the court was not informed of this, we
    30        are seeking a statement from the plaintiffs that this is
              the only case where a page or any number of pages were

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