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)
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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
