Day 157 - 18 Jul 95 - Page 29


     
     1
     2        It is nearly one o'clock.  We have some further arguments.
     3
     4   MR. JUSTICE BELL:  You are going to come to discovery, you say,
     5        in any event.
     6
     7   MR. MORRIS:  Yes, that is most of what -- we are going to go on
     8        to ----
     9
    10   MR. JUSTICE BELL:  You can collect your thoughts to see if there
    11        is any further argument or Ms. Steel has any further
    12        argument on power to order the Plaintiffs to take certain
    13        steps with regard to transcripts, or the question of public
    14        funds, and then we can go on to discovery.  We will resume
    15        at two o'clock.
    16
    17                        (Luncheon adjournment)
    18
    19   MR. JUSTICE BELL:  Yes?
    20
    21   MR. MORRIS:  A general comment just before I come on to
    22        discovery, that if people in the court are aware of an
    23        authority which we are not which would back up our position
    24        on any of these authorities that we are looking at, or
    25        rules and regulations, then obviously it would be
    26        appreciated if an indication was made or reference was made
    27        to that.
    28
    29   MR. RAMPTON:  Your Lordship knows that I have a professional
    30        obligation to draw to your Lordship's attention every
    31        authority of which I am aware which it is relevant, whether
    32        it is for or against my argument.
    33
    34   MR. JUSTICE BELL:  Yes.
    35
    36   MR. MORRIS:  Going to discovery, going to the page you referred
    37        to, page 437 of volume 1.
    38
    39   MR. JUSTICE BELL:  Yes.
    40
    41   MR. MORRIS:  Do the transcripts held by the Plaintiffs and
    42        withheld from the Defendants relate to any matter in
    43        question between the parties?  The Peruvian Guano case
    44        says:  "They are not limited to documents which would be
    45        admissible in evidence" although, arguably, transcripts can
    46        be referred to as evidence of what somebody said, in
    47        effect.
    48
    49   MR. JUSTICE BELL:  Yes, but that is only where what they said is
    50        an actual issue in the case in some way.  That is what 
    51        troubles me with you. 
    52 
    53   MR. MORRIS:  "... nor to those which would prove or disprove any
    54        matter in question: any document which, it is reasonable to
    55        suppose, 'contains information which may enable the party
    56        (applying for discovery) either to advance his own case or
    57        to damage that of his adversary, if it is a document which
    58        may fairly lead them to a train of enquiry which may have
    59        either of these two consequences' must be disclosed."
    60

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