Day 164 - 26 Sep 95 - Page 16


     
     1        allow, perhaps, half a day sometime in the not too distant
     2        future so that both sides can make sure that I know I have
     3        got right just which Civil Evidence Act statements they are
     4        relying upon.  That will give an opportunity to register an
     5        objection which can either be argued then or we can make
     6        time for.  I distinctly remember saying something similar
     7        to this sometime ago, but with all the other distractions
     8        of the case I think we have just completely forgotten about
     9        it as we have come to the end of evidence on a particular
    10        topic.
    11
    12   MR. RAMPTON:  We, for our part, would be grateful to have a
    13        similar indication from the Defendants as we have given to
    14        them.  It is not so easy for them because, although they
    15        have a section of their witness statement bundle which is
    16        marked Civil Evidence Act statements, that part is easy
    17        enough; what they have done repeatedly throughout the case
    18         -- I am sure they have kept a note of it, I have not -- is
    19        to say:  "Oh, we want a Civil Evidence Act Notice on this,
    20        that or the other pre-existing or independent document,
    21        statement, by people", and long before the case comes to an
    22        end we do need to be notified which of those they are
    23        persisting in saying they want to rely on so that I can
    24        know whether I need to take objection to it.
    25
    26   MR. JUSTICE BELL:  Look, when we get back to it, the section of
    27        the case we are on at the moment is employment.  What
    28        I would like is someone to make a note to remind me in case
    29        I forget that when we get to the end of the employment
    30        section of the case, that is, subject to someone who has to
    31        be left over for some stage in the future, but when we
    32        have, essentially, got to the end of it and we are about to
    33        move on to something else, we should go through the
    34        exercise which I have just described with regard to
    35        employment.  It seems to me that would be a good cue to go
    36        through it also in relation to the topics which we have
    37        essentially covered already.
    38
    39   MR. RAMPTON:  I quite agree, with respect.
    40
    41   MR. JUSTICE BELL:  If that seems a good idea, we should do that.
    42
    43        I will take the five-minute break now and you can organise
    44        your thoughts as to what to go on to next.
    45
    46                         (Short adjournment)
    47
    48   MR. MORRIS:  I will just deal with some disclosure matters and
    49        discovery.  Some things I will not bring up because,
    50        apparently, we will get some documents tomorrow in any 
    51        event.  In fact, I might as well say to the court we have 
    52        some documents disclosed ourselves on issues, general 
    53        issues, in the case this week, hopefully.  Looking at some
    54        specific -----
    55
    56   MR. JUSTICE BELL:  In order usefully to use the time, what
    57        I would like you to do is address me, if you wish to, on
    58        matters where you say you are entitled to something which
    59        the indications are you are not going to get.  I mean, the
    60        ones I have put down, some of which may have completely

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