Day 205 - 17 Jan 96 - Page 32
1 MR. MORRIS: Yes.
2
3 MR. JUSTICE BELL: Is there anything more you want to say about
4 the interrogatories on this point?
5
6 MR. MORRIS: Yes. If this case is about ascertaining facts,
7 then the interrogatories are likely to ascertain the facts,
8 whereas Mr. Stein's statement does not help us one way or
9 the other. Mr. Stein's statement could be interpreted that
10 all the documents that were relevant have been lost or
11 destroyed, for whatever reason, and therefore the Company
12 can say: "That is it, it is nothing to do with us", unless
13 they have interrogatories when they are compelled to make
14 all due diligent inquiries of the relevant officials.
15
16 MR. JUSTICE BELL: I will give a ruling now on this topic which
17 should be transcribed as a separate ruling in case the
18 matter is referred to in future in any context.
19
20 (See separate transcript for ruling)
21
22 MR. MORRIS: So that I understand, is that an order to the
23 Plaintiffs that they must deal with it within 21 days in
24 whatever form?
25
26 MR. JUSTICE BELL: No. If they have dealt with it within
27 21 days, I will not give you leave to serve the
28 interrogatory. If they have not dealt with it within 21
29 days by virtue of a statement from Mr. Stein, I invite you
30 to raise the matter again; unless any satisfactory reason
31 is given for not having the statement from Mr. Stein,
32 I will probably give you leave to serve the interrogatory.
33
34 MR. MORRIS: It is just on the question of procedure. It is
35 difficult for us to remember deadlines and issues that have
36 passed.
37
38 MR. JUSTICE BELL: I assume you have a diary somewhere or
39 other. All you have to do is to pick the day which is
40 21 days from today and write in your diary: "Child labour
41 violations, interrogatory number 11, raise with judge".
42
43 MR. RAMPTON: I do not know what your Lordship thinks, but
44 I have to say that I have never been in a case in which the
45 solicitors have been so stupid either not to do what is
46 required within the time or else to tell your Lordship why
47 it has not been done.
48
49 MR. JUSTICE BELL: However that may be, it must be incumbent
50 upon the person seeking the leave to serve the
51 interrogatory to raise the matter if the answer has not
52 been given.
53
54 MS. STEEL: For the record, I cannot believe what I have just
55 heard Mr. Rampton just say.
56
57 MR. JUSTICE BELL: Do not pick up challenges. We will break off
58 now till two o'clock. What is the next matter you are
59 going to deal with?
60
