Day 149 - 06 Jul 95 - Page 20


     
     1        either the pleadings or the Defendants' witness statements
     2        give to rise to.
     3
     4        Having done that exercise, we excluded matters which were
     5        not, detailed matters, which were not in issue on the
     6        pleadings, by which I include the Defendants' witness
     7        statements.
     8
     9        That means, for example -- and these are all examples --
    10        everything relating to the dangers of electricity to the
    11        dangers of filtering the shortening to the problems caused
    12        by slips and falls, and so on, has been left in.  If, for
    13        example, there had been -- there was not, but if there had
    14        been, for example -- a note that some employee had been
    15        bitten by a snake in a restaurant in the West of Scotland,
    16        that would have come out.  It is really as simple as that.
    17
    18        We have, we believe, adhered strictly to the Court of
    19        Appeal's guidelines.  Therefore, unless the Defendants can
    20        show that there must be something in there which is
    21        actually relevant, as opposed to something they might like
    22        to see and make a case of which they do not have, my Lord,
    23        then we are entitled to have done what we did.
    24
    25   MR. JUSTICE BELL:  Do you have the reference to the case in
    26        which Hoffmann L.J. gave -- I probably have it in a pile of
    27        cuttings in my room.
    28
    29   MR. RAMPTON:  I have it somewhere, but where the file is --
    30        I have a file which has all that in it.
    31
    32   MR. JUSTICE BELL:  I think Ms. Steel has it.  All I need is the
    33        date of The Times on the top of the page.
    34
    35   MS. STEEL:  Wednesday, 3rd August, 1994.
    36
    37   MR. JUSTICE BELL:  What is the name of the case?
    38
    39   MS. STEEL:   GE Capital Corporate Finance Group v. Bankers Trust
    40        Company and Others.  The judgment was on July 29th.
    41
    42   MR. RAMPTON:  My Lord, the headnote in the actual Times Law
    43        Reports, as opposed to the report in the newspaper, says
    44        simply this:
    45
    46        "Parts of documents disclosed on discovery could be
    47        blanked out on the ground that they were irrelevant to the
    48        issues in the action."
    49
    50   MR. JUSTICE BELL:  If I have the --- 
    51 
    52   MR. RAMPTON:  That is what we have done. 
    53
    54   MR. JUSTICE BELL:  -- the date of the judgment, I can get a
    55        verbatim transcript of it, if I wish.
    56
    57   MR. RAMPTON:  My Lord, from there, may I go back to the
    58        beginning and take the various matters in the order in
    59        which they were dealt with by the Defendants?  Those vary
    60        as between their response to the Plaintiffs' applications

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