Day 042 - 31 Oct 94 - Page 68


     
     1
     2   MR. JUSTICE BELL:  Yes.  Leave aside a moment the fact that it
     3        sounds as if you were given copies of these perhaps by Miss
     4        Dibb or someone passing them from her to you only on
     5        Friday.  You know the normal practice is to disclose all
     6        documents which are relevant to an issue, or may be, and
     7        particularly documents which you want to put to a witness,
     8        either your own or a witness on the other side, for the
     9        purposes of cross-examination.
    10
    11        If you come into possession of a document late in the day
    12        so it has not been read by those acting for McDonald's or
    13        the witness before the witness goes into the witness box,
    14        the nearest one can get to putting in McDonald's and the
    15        witness back in the position they would have been in had
    16        the normal process of discovery been followed, is to have a
    17        pause, give copies of the document to Mr. Rampton and the
    18        witness, so that they can then read them and Mr. Rampton
    19        can take instructions, if he wishes, either now or between
    20        the end of your cross-examination and re-examination.
    21
    22        It is in order to go through that exercise that I am asking
    23        you, if you will, please, to identify the documents which
    24        you wish to put.  By the time we have done that it will be
    25        so close to the time when I was going to retire that we can
    26        retire, the witness can read the documents, Mr. Rampton and
    27        anyone else on his side of the court can read the documents
    28        and we can resume in the morning as close as it is possible
    29        to get to the position we would be in if there had been
    30        discovery, say, three months ago.
    31
    32   MR. MORRIS:  Yes.  The problem is that my papers are all over
    33        the place.  I find it hard to organise.
    34
    35   MR. JUSTICE BELL:  I would like you to sit down.  I will not
    36        leave court.  Sit down for five minutes and just put them
    37        in an order in front of you, so that you can tell us what
    38        they are.
    39
    40   MR. MORRIS:  There are two documents.  There is the one I have
    41        just mentioned.  Then there is "Ad Watch" which is the news
    42        letter of the National Food Alliance Working Party on Food
    43        Advertising.  We have not served that yet.
    44
    45   MR. JUSTICE BELL:  The pink volume.  You have given a copy to
    46        Mr. Rampton.  You have a copy yourself.  Is there another
    47        copy?  Just those two?
    48
    49   MR. MORRIS:  I think so, yes.
    50 
    51   MR. JUSTICE BELL:  What about the "Ad Watch" one? 
    52 
    53   MR. MORRIS:  I think again that is the only copy we have got.
    54        Obviously, I could leave questions until tomorrow and make
    55        sure we serve this.  I can fax that to them tonight or
    56        something.
    57
    58   MR. JUSTICE BELL:  Do you need to look it at overnight
    59        yourself?
    60

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