Day 019 - 27 Jul 94 - Page 78


     
     1        Mrs. Brinley-Codd.  If she puts a tick against it, you can
              assume, or I would like you to assume, that she is doing
     2        her best to track down whether the documentation exists
              and find out more about that.  She can just run her eye
     3        over your list and check that she has extracted that from
              the evidence.
     4
         MR. MORRIS:  Maybe if we had your list we could work on that.
     5
         MR. JUSTICE BELL:  You produce yours first because, if it is so
     6        important that you must deal with it before September, it
              should not be too difficult to write it down.
     7
         MR. MORRIS:  I understand that, but if Mrs. Brinley-Codd has a
     8        list it will help me greatly.  I will not have to spend
              five hours reading every transcript.  I might feel her
     9        list is perfectly comprehensive.
 
    10   MR. RAMPTON:  Mr. Morris should not misunderstand.  It may be
              my fault for not having expressed myself clearly enough.
    11        I said Mrs. Brinley-Codd has been through the transcripts
              to see whether the documents exist or not, whether they
    12        can be obtained.  There comes a further stage.  It does
              not follow from that that Mr. Morris can expect we shall
    13        necessarily disclose all the documents.  That is a
              separate question.  That we have not considered yet.  As
    14        your Lordship noticed, I said once or twice when the
              witnesses are giving evidence, it is not the witness who
    15        decides on disclosure.
 
    16   MR. JUSTICE BELL:  I tried to make that point myself a few days
              ago.  Do your best to have a list before we pack up
    17        tomorrow evening.
 
    18   MR. MORRIS:  Right.  OK.
 
    19   MS. STEEL:   If we produce a list -- if there are any other
              documents that we think of after we have broken, it would
    20        be helpful if we write to the plaintiffs they can give us
              a response within a couple of weeks about whether they are
    21        intending to disclose those documents, and if not why not
              etc.  So we know what the situation is.
    22
         MR. JUSTICE BELL:  If you write a letter doing that I would
    23        expect it to be responded to as correspondence between
              parties is normally dealt with.
    24
         MS. STEEL:   There is another point.  I mean, this came out of
    25        the admissions today and the pig booklet yesterday
              concerning about what documents are in the plaintiffs' 
    26        bundles and your bundles that may not be in ours; whether 
              the plaintiffs could produce a list of exactly what they 
    27        have in their bundles, so we can check we have the same
              bundles.
    28
         MR. JUSTICE BELL:  That might be onerous.  Is there any record,
    29        Mr. Rampton, of what has been added to my bundle?
 
    30   MR. RAMPTON:  Only by looking at the transcripts, because
              usually I have mentioned it when it has happened.

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