Day 162 - 25 Jul 95 - Page 20
1 cannot embark on that today and today is our last day.
2 What did you want to say, Mr. Rampton?
3
4 MR. RAMPTON: My Lord, I respectfully agree with your Lordship.
5 Plainly such parts of it as bear on any part of the film
6 which is in dispute -- much of it is not, of course -- so
7 I do not say that they are all disclosable. If the
8 Defendants want to spend the time going through all 800
9 pages picking out the bits which do relate to disputed
10 parts of the film that, of course, is their very good
11 right. If, on the other hand, they rather we filleted it
12 for the relevant bits, we are perfectly willing to do so.
13 But quite plainly, as one knows from bitter experience
14 doing television cases over the last 30 years, the uncut
15 version of the interview may cast a very different light
16 from that which is cast by the bit which is selected for
17 the inclusion of a programme. I am not saying it is so,
18 but it very often is so, and we need to see the uncut
19 material. It is as simple as that. Of course, we have an
20 obligation, and I can express it in court (though I do not
21 need to) not to use the documents for any purposes outside
22 the conduct of the case. That has been clear law for a
23 very long time.
24
25 I am afraid to say that whatever confidentiality or
26 copyright problems there may be fall aside when a court
27 makes an order for discovery. It is just too bad. Aside
28 from legal professional privilege, I can think of no bar to
29 discovery that exists in law. The Defendants have the
30 documents; they ought to disclose them.
31
32 MR. JUSTICE BELL: What I suggest is -----
33
34 MS. STEEL: Can I just say something?
35
36 MR. JUSTICE BELL: Yes.
37
38 MS. STEEL: Just that Mr. Rampton said that it must be that such
39 parts as bear on any part in dispute should be disclosed.
40 I am not entirely clear if there are any parts in dispute.
41
42 MR. JUSTICE BELL: I am not attracted by that because it seems
43 to me at the moment that the whole lot is discoverable, and
44 I can imagine we get in a terrible tangle if I started to
45 say bits on this topic or that topic. But I do not think
46 we can argue it out here today -----
47
48 MS. STEEL: The thing is, if there is nothing in dispute then
49 what is the need for discovery?
50
51 MR. JUSTICE BELL: Because one just does not know. You see, the
52 possibility is -- and Mr. Rampton was careful to say he is
53 not saying it is so -- but the possibility is that someone
54 has said something which might be taken to be critical of
55 McDonald's on that film, and three other people who were
56 filmed said something which was completely the opposite and
57 favourable to McDonald's on that point.
58
59 MS. STEEL: The only thing -----
60
