Day 006 - 05 Jul 94 - Page 85
1 look for or have another look at.
2 No-one, I hope, is going to gets fussed if you have not
done that when you come to cross-examine, and you produce
3 a document which has been discovered either by yourself or
McDonald's in court (as you have done on occasions),
4 someone goes to find it in the bundle, if it cannot be
found in the bundle, then it can be corrected. If the
5 whole document cannot be found in the bundle, then it can
be corrected. You are still conducting your case in the
6 same way as would have done anyway.
7 MR. MORRIS: Yes, I mean, you know, it does make things
difficult for us because we are now working from the trial
8 bundles as they are, having spent, however long it is,
three or four days updating them. We just assumed that
9 every document that was agreed to be put in the bundle
would be put in the bundle in full.
10
We have only just sort of discovered that documents have
11 got a different order which is one thing, but now for the
first time we have heard that whole sections or pages will
12 be removed because the plaintiffs did not consider them
relevant.
13
MR. RAMPTON: No, I did not say that. I said it might have
14 happened. I did not do the exercise myself and I am
really not going to ask my pupil to redo it.
15
MR. JUSTICE BELL: No.
16
MR. MORRIS: All I am saying is, you know, it just puts us to
17 difficulty because it is a very, very considerable
administrative job. That is all.
18
MR. JUSTICE BELL: What I suggest you to do, because it is not
19 productive if I say it again, make a note, page 162 line
10, or highlight that, and at your leisure read again what
20 I have just said. If it does not make sense, tell me, but
that is the way the matter appears to me at the moment.
21
MR. MORRIS: Right. Yes. I mean, obviously during the summer
22 break we will have time to do things that we have not been
able to do so far. But I think that should be borne in
23 mind again when we come to discuss the gaps between the
issues, because realistically there is not going to be a
24 gap before we going into packaging so it is just a
question of chucking a whole lot of documents out and
25 putting a whole lot of documents -----
26 MR. JUSTICE BELL: Yes. I am well aware of burdens which a
case like this imposes even on professional
27 representatives, so I will bear that in mind. What we
have to do is draw the balance, wherever it falls, between
28 making progress in the case and you having time to prepare
as you go along or, rather, refresh your preparation as
29 you go along.
30 MR. RAMPTON: Would it help your Lordship if I indicated what
are the documents to which I shall refer Mr. Kouchoukos to
