Day 070 - 20 Dec 94 - Page 48


     
     1        Ms. Steel and Mr. Morris can sit down and do it themselves.
     2
     3   MR. JUSTICE BELL:  I am not expecting anyone in this case to
     4        trawl the transcripts to identify where the documents are.
     5        If they find the time to do that, and choose to do that,
     6        there we are.  What I suggest as the first step, as I have
     7        said, it would be helpful if the first step were if those
     8        who instruct you do their best on the information they have
     9        got, short of trawling through the transcript, to bring the
    10        indices up to date -- as, in fact, happened over the long
    11        vacation in one or two instances -- and then if Ms. Steel
    12        or Mr. Morris feel that something is omitted, to notify
    13        your instructing solicitors:  "We think this is missed off
    14        and we think that is in the bundle" -- whatever.
    15
    16        I hardly need say that judges do not normally participate
    17        in this exercise.  It is because Ms. Steel and Mr. Morris
    18        are not represented that I am saying as much as I am.
    19
    20   MR. RAMPTON:  I would not, either.
    21
    22   MR. MORRIS:  We have to have some cooperation here.  This
    23        morning, a number of documents were served by the
    24        Plaintiffs -----
    25
    26   MR. JUSTICE BELL:  Please stop there, because I have made my
    27        suggestion as to how the cooperation might come about.  I
    28        do not think McDonald's solicitors are under an obligation
    29        to get your documents in order, in so far as they are not
    30        in order.  I am sure they will do their best, by the way,
    31        to do that, along with their own, but if and when you get
    32        anything from Mrs. Brinley-Codd suggesting that "this is
    33        now an index as we see it to this bundle and that bundle",
    34        it is for you to check and make sure that things which
    35        should be in there are in there.
    36
    37   MR. MORRIS:  It would be of help to yourself as well ---
    38
    39   MR. JUSTICE BELL:  Yes, it would.
    40
    41   MR. MORRIS:  -- if you had an accurate index.
    42
    43   MR. JUSTICE BELL:  Yes.  Every so often, I have to look in my
    44        own note to try to find where something is.
    45
    46        What about witnesses' evidence then?
    47
    48   MS. STEEL:   The hypothetical questions, I do not know whether
    49        you remember, but this was brought up when we were
    50        questioning Mr. Oakley about the matters in the statement 
    51        about Jarretts.  Mr. Rampton made the objection that it was 
    52        all too hypothetical, or something like that.  I think you 
    53        indicated that you did not want to talk about it at that
    54        stage because it was wasting the time that the witness was
    55        in the witness box.
    56
    57        I cannot remember exactly, but I think I indicated that as
    58        all our witnesses come after the Plaintiffs' witnesses, if
    59        Mr. Rampton's line of arguing was taken to its conclusion,
    60        it would mean that everything that we questioned the

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