Day 069 - 19 Dec 94 - Page 73


     
     1        use the information contained in them.
     2
     3   MR. JUSTICE BELL:  You have got a document which was in the
     4        appendices to the Further and Better Particulars to the
     5        Defence to Counterclaim which had writing down the
     6        left-hand margin which you said was communication with a
     7        potential witness which you want to say is privileged.
     8        Whether we can deal with that or not tomorrow, I do not
     9        know, because in the judgment I handed down I said it was
    10        reasonable for Mr. Atkinson to take further instructions
    11        about how it came into McDonald's possession.
    12
    13   MS. STEEL:   I think it is a slightly different position in any
    14        event because they were using it for a specific purpose to,
    15        I think, to prove mass distribution of it or something.
    16
    17   MR. JUSTICE BELL:  Can you remind me just in a minute or two,
    18        I have not looked up how it cropped up in the opening, was
    19        the nature of the document which you had actually mentioned
    20        in open court?  You said there was some exchange when you
    21        were opening the case and you began to refer to it.
    22
    23   MS. STEEL:  I read out a section of the document and said that
    24        I believed that they disclosed it by mistake.
    25
    26   MR. JUSTICE BELL:  Do you have a reference for that?
    27
    28   MS. STEEL:  I do not know I have it on me.  I can photocopy the
    29        relevant part for tomorrow.
    30
    31   MR. JUSTICE BELL:  It is just a question of whether I look at it
    32        before then.
    33
    34   MR. RAMPTON:  My Lord, it is 29th June, page 31, beginning
    35        at -----
    36
    37   MR. JUSTICE BELL:  If it is somewhere in the region of 31 I will
    38        track it down.
    39
    40   MR. MORRIS:  It should be in the index under Brazil I would have
    41        thought.
    42
    43   MR. JUSTICE BELL:  I know but it is much easier if I am actually
    44        given the page.  This is not an unusual situation.  From
    45        time to time documents which one side says the other side
    46        should never have got hold of in the first place, however
    47        they come into their possession, are privileged and should
    48        not only not be used in litigation but should be returned
    49        to the applicant.  So, if you can possibly find or get a
    50        copy of the two cases which Mr. Rampton has referred to -- 
    51        have you got their references? 
    52 
    53   MR. MORRIS:  Yes.
    54
    55   MS. STEEL:  I have just found the reference for this. It is
    56        pages 7 and 8, the bottom of page 7 and the top of page 8
    57        of 29th June.
    58
    59   MR. JUSTICE BELL:  I will look at both those page references.
    60        We will resume at 10.30.

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