Day 019 - 27 Jul 94 - Page 78
1 Mrs. Brinley-Codd. If she puts a tick against it, you can
assume, or I would like you to assume, that she is doing
2 her best to track down whether the documentation exists
and find out more about that. She can just run her eye
3 over your list and check that she has extracted that from
the evidence.
4
MR. MORRIS: Maybe if we had your list we could work on that.
5
MR. JUSTICE BELL: You produce yours first because, if it is so
6 important that you must deal with it before September, it
should not be too difficult to write it down.
7
MR. MORRIS: I understand that, but if Mrs. Brinley-Codd has a
8 list it will help me greatly. I will not have to spend
five hours reading every transcript. I might feel her
9 list is perfectly comprehensive.
10 MR. RAMPTON: Mr. Morris should not misunderstand. It may be
my fault for not having expressed myself clearly enough.
11 I said Mrs. Brinley-Codd has been through the transcripts
to see whether the documents exist or not, whether they
12 can be obtained. There comes a further stage. It does
not follow from that that Mr. Morris can expect we shall
13 necessarily disclose all the documents. That is a
separate question. That we have not considered yet. As
14 your Lordship noticed, I said once or twice when the
witnesses are giving evidence, it is not the witness who
15 decides on disclosure.
16 MR. JUSTICE BELL: I tried to make that point myself a few days
ago. Do your best to have a list before we pack up
17 tomorrow evening.
18 MR. MORRIS: Right. OK.
19 MS. STEEL: If we produce a list -- if there are any other
documents that we think of after we have broken, it would
20 be helpful if we write to the plaintiffs they can give us
a response within a couple of weeks about whether they are
21 intending to disclose those documents, and if not why not
etc. So we know what the situation is.
22
MR. JUSTICE BELL: If you write a letter doing that I would
23 expect it to be responded to as correspondence between
parties is normally dealt with.
24
MS. STEEL: There is another point. I mean, this came out of
25 the admissions today and the pig booklet yesterday
concerning about what documents are in the plaintiffs'
26 bundles and your bundles that may not be in ours; whether
the plaintiffs could produce a list of exactly what they
27 have in their bundles, so we can check we have the same
bundles.
28
MR. JUSTICE BELL: That might be onerous. Is there any record,
29 Mr. Rampton, of what has been added to my bundle?
30 MR. RAMPTON: Only by looking at the transcripts, because
usually I have mentioned it when it has happened.
