Day 205 - 17 Jan 96 - Page 32


     
     1   MR. MORRIS:  Yes.
     2
     3   MR. JUSTICE BELL:  Is there anything more you want to say about
     4        the interrogatories on this point?
     5
     6   MR. MORRIS:  Yes.  If this case is about ascertaining facts,
     7        then the interrogatories are likely to ascertain the facts,
     8        whereas Mr. Stein's statement does not help us one way or
     9        the other.  Mr. Stein's statement could be interpreted that
    10        all the documents that were relevant have been lost or
    11        destroyed, for whatever reason, and therefore the Company
    12        can say: "That is it, it is nothing to do with us", unless
    13        they have interrogatories when they are compelled to make
    14        all due diligent inquiries of the relevant officials.
    15
    16   MR. JUSTICE BELL:  I will give a ruling now on this topic which
    17        should be transcribed as a separate ruling in case the
    18        matter is referred to in future in any context.
    19
    20                 (See separate transcript for ruling)
    21
    22   MR. MORRIS:  So that I understand, is that an order to the
    23        Plaintiffs that they must deal with it within 21 days in
    24        whatever form?
    25
    26   MR. JUSTICE BELL:  No.  If they have dealt with it within
    27        21 days, I will not give you leave to serve the
    28        interrogatory.  If they have not dealt with it within 21
    29        days by virtue of a statement from Mr. Stein, I invite you
    30        to raise the matter again; unless any satisfactory reason
    31        is given for not having the statement from Mr. Stein,
    32        I will probably give you leave to serve the interrogatory.
    33
    34   MR. MORRIS:  It is just on the question of procedure.  It is
    35        difficult for us to remember deadlines and issues that have
    36        passed.
    37
    38   MR. JUSTICE BELL:  I assume you have a diary somewhere or
    39        other.  All you have to do is to pick the day which is
    40        21 days from today and write in your diary: "Child labour
    41        violations, interrogatory number 11, raise with judge".
    42
    43   MR. RAMPTON:   I do not know what your Lordship thinks, but
    44        I have to say that I have never been in a case in which the
    45        solicitors have been so stupid either not to do what is
    46        required within the time or else to tell your Lordship why
    47        it has not been done.
    48
    49   MR. JUSTICE BELL:  However that may be, it must be incumbent
    50        upon the person seeking the leave to serve the 
    51        interrogatory to raise the matter if the answer has not 
    52        been given. 
    53
    54   MS. STEEL:   For the record, I cannot believe what I have just
    55        heard Mr. Rampton just say.
    56
    57   MR. JUSTICE BELL:  Do not pick up challenges.  We will break off
    58        now till two o'clock.  What is the next matter you are
    59        going to deal with?
    60

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