Day 006 - 05 Jul 94 - Page 83
1 originally disclosed are now no longer in the trial
bundles.
2
MR. JUSTICE BELL: Let us take it in two stages first of all.
3 It probably will not be too much of a task, if Mr. Rampton
is prepared to do it, if someone tells you whether any
4 document which was originally disclosed has not been put
in the bundle because it was disclosed in error and
5 privilege is claimed in respect of it, apart from the
document you have referred to.
6
MR. RAMPTON: I think that is the only one. We will check.
7
MR. JUSTICE BELL: If there are any others, perhaps the
8 defendants could be told?
9 MR. RAMPTON: My Lord, I will also check whether what I have
said to your Lordship as a proposition of law is correct
10 as well.
11 MR. JUSTICE BELL: I cannot remember. I know there have been
cases on it and I cannot remember.
12
MR. RAMPTON: I think I am right but I am not certain by any
13 means. We will not argue it now though.
14 MR. JUSTICE BELL: No. The other aspect is whether, quite
apart from any question of documents not in because they
15 were disclosed in error and privilege is claimed in
respect of them, there are documents which were originally
16 disclosed which have not gone into the bundles.
17 MR. RAMPTON: I should think there are literally hundreds.
18 MR. MORRIS: We are talking about complete documents.
Obviously some documents have not gone into the bundle as
19 a document.
20 MR. JUSTICE BELL: I see. Are there document which have gone
in but not the whole document?
21
MR. RAMPTON: I should think very likely so. I should think
22 that on the whole happens is that -- quite often anyway --
a document is disclosed, when junior counsel and
23 solicitors sit down to do the trial bundles, they realise
that may be two-thirds of the documents have got nothing
24 to do with the case, so they do not go to the expense of
copying of whole thing.
25
MR. JUSTICE BELL: If Miss Steel and Mr. Morris were
26 represented, I would just say it is for you to check the
bundles. But if I say that now, if there is a way of
27 avoiding me having to say that, I would like to avoid any
delay which might arise.
28
MR. RAMPTON: My Lord, the only way I can think the matter
29 could be checked would be for Mr. Atkinson and Mr. Hill to
sit down and, as it were, re-do all of the work that they
30 did when they did the trial bundles and I am really not,
unless I am told I must, willing to ask them to do that.
