Day 147 - 04 Jul 95 - Page 40
1 something which you want to say, then you should put it in
2 written form and give it to Barlow's.
3
4 I do not know whether there is anything extra. I just want
5 you to go through the exercise of thinking whether there is
6 positively -- that is all.
7
8 When I do come to give a ruling, I do not propose to say
9 anything more about items 7 and 2. They do not require
10 rulings from me. They are just indications of what I think
11 you should do.
12
13 MS. STEEL: There is, in fact, another matter which I wanted to
14 raise at some stage, which is not -- in fact, there are two
15 things I wanted to raise -- on the list. One is an
16 application for discovery of the notes made by the
17 Plaintiffs' private investigators of meetings which they
18 attended which have been revealed in the supplementary
19 statements. I do not know whether -- I mean, there is not
20 really much to say about that. We had argument on the
21 previous occasion about notes relating to the other
22 meetings which they referred to in their first statements,
23 and they were then disclosed where the Plaintiffs said they
24 were available, I think. Certainly, we have had notes of
25 the meetings of -----
26
27 MR. JUSTICE BELL: Can you give an example by referring to one
28 of the statements?
29
30 MS. STEEL: Mr. Pocklington's statement and Mr. Clare's
31 statement. Their initial statements refer to a number of
32 meetings they attended. The notes of those meetings, the
33 notes they made after those meetings, have now been
34 disclosed. But last week, or the week before, we were
35 served supplementary statements about a number of other
36 meetings, additional meetings that they had attended; and
37 I think the statements were referred to by Mr. Rampton
38 yesterday, so I kind of presumed that you had seen them.
39
40 MR. JUSTICE BELL: Yes, I have read them.
41
42 MS. STEEL: Yes. We would apply for the notes of those
43 meetings, the notes they made after those meetings, to be
44 disclosed.
45
46 MR. JUSTICE BELL: Yes.
47
48 MS. STEEL: The other matter I wanted to bring up, which I did
49 not put on the list -- I had completely forgotten about it;
50 I had it written in my notebook -- is the matter of
51 witnesses on both sides giving their addresses in open
52 court.
53
54 The Plaintiffs have been giving the Company's address and
55 we have not taken objection to that. There are some of our
56 witnesses who do not want their addresses given out in open
57 court. Obviously, there is a form that we have to fill in
58 before they go into the witness box, but I was wondering
59 whether it could just be agreed that addresses do not have
60 to be given in open court, because some people are
