Day 006 - 05 Jul 94 - Page 85


     
     1        look for or have another look at.
 
     2        No-one, I hope, is going to gets fussed if you have not
              done that when you come to cross-examine, and you produce
     3        a document which has been discovered either by yourself or
              McDonald's in court (as you have done on occasions),
     4        someone goes to find it in the bundle, if it cannot be
              found in the bundle, then it can be corrected.  If the
     5        whole document cannot be found in the bundle, then it can
              be corrected.  You are still conducting your case in the
     6        same way as would have done anyway.
 
     7   MR. MORRIS:  Yes, I mean, you know, it does make things
              difficult for us because we are now working from the trial
     8        bundles as they are, having spent, however long it is,
              three or four days updating them.  We just assumed that
     9        every document that was agreed to be put in the bundle
              would be put in the bundle in full.
    10
              We have only just sort of discovered that documents have
    11        got a different order which is one thing, but now for the
              first time we have heard that whole sections or pages will
    12        be removed because the plaintiffs did not consider them
              relevant.
    13
         MR. RAMPTON:  No, I did not say that.  I said it might have
    14        happened.  I did not do the exercise myself and I am
              really not going to ask my pupil to redo it.
    15
         MR. JUSTICE BELL:  No.
    16
         MR. MORRIS:  All I am saying is, you know, it just puts us to
    17        difficulty because it is a very, very considerable
              administrative job.  That is all.
    18
         MR. JUSTICE BELL:  What I suggest you to do, because it is not
    19        productive if I say it again, make a note, page 162 line
              10, or highlight that, and at your leisure read again what
    20        I have just said.  If it does not make sense, tell me, but
              that is the way the matter appears to me at the moment.
    21
         MR. MORRIS:  Right.  Yes.  I mean, obviously during the summer
    22        break we will have time to do things that we have not been
              able to do so far.  But I think that should be borne in
    23        mind again when we come to discuss the gaps between the
              issues, because realistically there is not going to be a
    24        gap before we going into packaging so it is just a
              question of chucking a whole lot of documents out and
    25        putting a whole lot of documents -----
  
    26   MR. JUSTICE BELL:  Yes.  I am well aware of burdens which a 
              case like this imposes even on professional 
    27        representatives, so I will bear that in mind.  What we
              have to do is draw the balance, wherever it falls, between
    28        making progress in the case and you having time to prepare
              as you go along or, rather, refresh your preparation as
    29        you go along.
 
    30   MR. RAMPTON:  Would it help your Lordship if I indicated what
              are the documents to which I shall refer Mr. Kouchoukos to

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