Day 280 - 17 Jul 96 - Page 40


     
     1        to prove as well, or we want them to agree to, so we do not
     2        have to prove.  But on that subject of the documents, is it
     3        possible, because our documents are a mess, frankly.  In
     4        terms of organisation, is it possible for us to make some
     5        use of that set of documents, there and to some extent is
     6        now superfluous as there is no more witnesses, is it
     7        possible for us, for example, we have had an offer of a
     8        place to store documents so that we can work on them.  But
     9        would it be possible for us to borrow those over the summer
    10        period and if necessary, return them, or whatever?
    11
    12   MR. JUSTICE BELL:   Do you have any anything to say?
    13
    14   MR. RAMPTON:  Could I ask Mrs. Brinley-Codd, my Lord?  (Pause)
    15        We are content, on two conditions and I hope they are
    16        reasonable in your Lordship's view.  The first is that they
    17        must not be marked in anyway at all.
    18
    19   MR. JUSTICE BELL:  Yes.
    20
    21   MR. RAMPTON:  The second is that we know, if we find we are
    22        missing a document which we sometimes do, sometimes perhaps
    23        the witness files are more complete than anybody else's.
    24        We must know where it is we can go and get them in case we
    25        need them.
    26
    27   MR. MORRIS:  We would certainly agree to provide or identify any
    28        sight of a document, or whatever.
    29
    30   MR. JUSTICE BELL:  I have got no objection to you taking them
    31        away, provided that you do not mark them.  I think you
    32        should also say that you will not remove any document from
    33        those bundles because I do not have any doubt that you
    34        would return it, but it is important that it goes back
    35        exactly where it came from.  But I think it is fair enough
    36        that if you are going to take them away somewhere, if Mrs.
    37        Brindley-Codd says she want to look at pink sixteen or
    38        something else, or wants it for a few days, someone has
    39        either got to be able to come and look at it or you have
    40        got to get them to The Temple or Barlow Lyde and Gilbert so
    41        they can be looked at.
    42
    43   MR. MORRIS:  That is certainly no problem.
    44
    45   MR. JUSTICE BELL:  It might be possible to arrange before the
    46        end of term that you have a number of days where you have
    47        access to this Court and you can look at them actually in
    48        Court, if that will help.  I do not know what the pressure
    49        on individual courtrooms is.
    50
    51   MR. RAMPTON:  There is always, in any case, the theoretical and
    52        I have to say horrifying prospect of the possibility of a
    53        retrial.  Those documents actually belong to the Plaintiffs
    54        as I understand it, and not to the Court.
    55
    56   MR. MORRIS:  We will give them back.
    57
    58   MR. JUSTICE BELL:  You need not give a formal undertaking but if
    59        you and Ms. Steel say you are not prepared to mark the
    60        documents; not to take any documents out of the bundles, to

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