Day 279 - 12 Jul 96 - Page 23


     
     1   MR. JUSTICE BELL:  Right we will take a short break now.
     2
     3                       (Short adjournment)
     4
     5   MR. MORRIS:  Can I just say a small point?  That in following
     6        what Mr. Rampton said today, and what he said in
     7        cross-examination of Miss Steel, that I did contact the
     8        people that do the McSpotlight yesterday.  They are
     9        prepared to put the plaintiff's witness statements on the
    10        site if they get copies from the plaintiffs, or if they
    11        were on disk it would be very helpful.  So they do not want
    12        to be seen to be putting just the defence witness
    13        statements.  So that is an offer that is open to the other
    14        side.
    15
    16             The only problem I have got with the US video, I keep
    17        doing this, I keep bringing the wrong copy.  I don't know
    18        if Mrs Brinley-Codd has actually got a copy of the one
    19        which was -- I don't think she has.
    20
    21   MR. RAMPTON:  May I say it can be left for this reason, if
    22        Mr. Morris wants to confine his Civil Evidence Act notice
    23        to certain parts, it would be our intention to ask your
    24        Lordship's leave to let us put a Civil Evidence Act notice
    25        on the rest of it, so that the whole thing is in.
    26
    27   MR. JUSTICE BELL:  Well, was that your intention?  Or did you
    28        intend to put a Civil Evidence Act notice on all of it but
    29        you were hoping only to read parts of it; which is it?
    30
    31   MR. MORRIS:  Well, I mean we are easy going.  It does strike me
    32        that Mr. Rampton has argued that if something is clearly
    33        irrelevant then it cannot be admissible by any route, and
    34        much of the material that we have not highlighted is
    35        irrelevant waffle, frankly.  But it does not bother us,
    36        because we are quite happy to say that the whole thing can
    37        be admissible.  But we did want to point out the bits
    38        specific bits which we wished to rely on, and that is all
    39        really.
    40
    41   MR. JUSTICE BELL: It seems to me it all ought to go in.  I mean,
    42        I can sort out what helps me and what does not in due
    43        course.
    44
    45   MS. STEEL:  Can I just say that Mr. Morris said that without
    46        asking me.  My personal position is that if the plaintiffs
    47        want to rely on all of it they should disclose the whole
    48        tape, so we can at least see all of it and see if there is
    49        anything else that is relevant to the context.
    50
    51   MR. JUSTICE BELL: I have to say, I was not entirely clear in my
    52        mind whether you wanted to rely on it as a Civil Evidence
    53        Act statement, or you were saying that Mr. Rensi was
    54        someone who was authorised to stay these things on behalf
    55        of the company and you were going to treat them as
    56        admissions against interest.
    57
    58   MR. MORRIS:  That is fine, but we weren't sure what the law was
    59        on that.
    60

Prev Next Index