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.
