Day 117 - 27 Apr 95 - Page 41
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2 MR. JUSTICE BELL: I am just asking for estimates at the
3 moment. What about Mr. Fairgrieve?
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5 MR. MORRIS: I do not think he is going to take that long,.
6 I think two days might be a fairly prudent estimate.
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8 MR. JUSTICE BELL: You wanted to mention some other matters?
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10 MR. MORRIS: I was going to prepare a legal list of outstanding
11 matters which I was asked to do but I had not done it.
12 Really, I was saying I had not done it but I wanted to do
13 that as soon as possible because there are outstanding
14 matters. Having said that, I cannot immediately identify
15 them. There is a problem we have identified as advance
16 notice of the Plaintiffs producing documents computer
17 generated documents or documents without any backup.
18 I will not go into this now, but obviously sometimes we are
19 not sure what the status of that document is.
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21 MR. JUSTICE BELL: What I may have to decide in due course is,
22 although I have a document in front of me, if it is not
23 agreed or if its contents are not agreed to be accurate and
24 there is a challenge to its evidential status, I may have
25 to decide whether I can take it into account at all in due
26 course.
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28 MR. MORRIS: It also relates, for example there is another
29 statement being served of Mr. Kouchoukos where he has said
30 he has revised or corrected his calculations, but he does
31 not provide any source documents; he just provides
32 computer-generated documents which, as far as we know,
33 might be as inaccurate as other ones. Having said that,
34 obviously we are unhappy to accept anything which would
35 make the position worse which we believe his statement on
36 CFCs does. We do not know what the status of that
37 statement is either. Is that automatically accepted as
38 evidence?
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40 MR. JUSTICE BELL: I think a Civil Evidence Act notice has been
41 served in respect of his additional statement. That does
42 not answer your question on documentation or source. Just
43 as that would be live if he went into the witness box, so
44 it is live as the additional statement is admissible under
45 the Civil Evidence Act.
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47 MR. MORRIS: Is basically the onus on us? If the Plaintiffs are
48 putting forward a document as evidence, as long as we
49 accept it, that is acceptable?
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51 MR. JUSTICE BELL: If you accept it, for instance we have had
52 come documents which Mr. Nicholson has produced which are
53 obviously computer printouts, as I listen to your
54 cross-examination of Mr. Nicholson I may find out that some
55 of them you are happy to accept because you think you can
56 use them in your own favour. If there are others which you
57 do not, you can either indicate during the
58 cross-examination or you can say in speeches at the end of
59 the case and you should, in any event, say it in speeches
60 at the end of the case anyway, even if you have already
