Day 006 - 05 Jul 94 - Page 83


     
     1        originally disclosed are now no longer in the trial
              bundles.
     2
         MR. JUSTICE BELL:  Let us take it in two stages first of all.
     3        It probably will not be too much of a task, if Mr. Rampton
              is prepared to do it, if someone tells you whether any
     4        document which was originally disclosed has not been put
              in the bundle because it was disclosed in error and
     5        privilege is claimed in respect of it, apart from the
              document you have referred to.
     6
         MR. RAMPTON:  I think that is the only one.  We will check.
     7
         MR. JUSTICE BELL:  If there are any others, perhaps the
     8        defendants could be told?
 
     9   MR. RAMPTON:  My Lord, I will also check whether what I have
              said to your Lordship as a proposition of law is correct
    10        as well.
 
    11   MR. JUSTICE BELL:  I cannot remember.  I know there have been
              cases on it and I cannot remember.
    12
         MR. RAMPTON:  I think I am right but I am not certain by any
    13        means.  We will not argue it now though.
 
    14   MR. JUSTICE BELL:  No.  The other aspect is whether, quite
              apart from any question of documents not in because they
    15        were disclosed in error and privilege is claimed in
              respect of them, there are documents which were originally
    16        disclosed which have not gone into the bundles.
 
    17   MR. RAMPTON:  I should think there are literally hundreds.
 
    18   MR. MORRIS:  We are talking about complete documents.
              Obviously some documents have not gone into the bundle as
    19        a document.
 
    20   MR. JUSTICE BELL:  I see.  Are there document which have gone
              in but not the whole document?
    21
         MR. RAMPTON:  I should think very likely so.  I should think
    22        that on the whole happens is that -- quite often anyway --
              a document is disclosed, when junior counsel and
    23        solicitors sit down to do the trial bundles, they realise
              that may be two-thirds of the documents have got nothing
    24        to do with the case, so they do not go to the expense of
              copying of whole thing.
    25
         MR. JUSTICE BELL:  If Miss Steel and Mr. Morris were 
    26        represented, I would just say it is for you to check the 
              bundles.  But if I say that now, if there is a way of 
    27        avoiding me having to say that, I would like to avoid any
              delay which might arise.
    28
         MR. RAMPTON:  My Lord, the only way I can think the matter
    29        could be checked would be for Mr. Atkinson and Mr. Hill to
              sit down and, as it were, re-do all of the work that they
    30        did when they did the trial bundles and I am really not,
              unless I am told I must, willing to ask them to do that.

Prev Next Index