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

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