Day 070 - 20 Dec 94 - Page 46


     
     1        overnight, although, no doubt, in my case, it will prove
     2        useful soon or later in the future.
     3
     4   MR. RAMPTON:  For that, I apologise to everybody.  I apologise
     5        to the Defendants, as well as to your Lordship.  It was not
     6        until I had done the work myself that I came to the
     7        conclusion that I did.
     8
     9   MS. STEEL:   Perhaps while we are on privileged documents, we
    10        can ask the Plaintiffs what their position is.
    11
    12   MR. JUSTICE BELL:  Yes.  Are you in a position, or are enquiries
    13        still being made?
    14
    15   MR. RAMPTON:  I am afraid I had forgotten about that.  I will
    16        make an enquiry.
    17
    18   MR. JUSTICE BELL:  It was Mr. Atkinson, who I see is not in
    19        court at the moment, who was going to chase that up.
    20
    21   MR. RAMPTON:  Your Lordship need have no concern until that
    22        position is clarified.
    23
    24   MR. JUSTICE BELL:  I am not going to look at that.  When the
    25        objection was raised, I particularly did not try to read
    26        what was on the document, and I do not propose to do so.
    27
    28   MR. MORRIS:  We have no objection to you looking at the
    29        document.
    30
    31   MR. RAMPTON:  That is a waive of privilege.
    32
    33   MS. STEEL:  The objection we make is that the Plaintiffs are
    34        trying to rely on that document as evidence of distribution
    35        of a leaflet when, in fact, it is actually a privileged
    36        communication.  That is the objection we are making.
    37
    38   MR. JUSTICE BELL:  I am still not going to look at it until I am
    39        invited to do so by one party or another.
    40
    41        The next matter on the list is organisation of index and
    42        bundles.
    43
    44   MR. MORRIS:  Yes.  I think I brought this up earlier on in the
    45        case.  I am finding it hard to be on top of where all the
    46        new documents are going, and files are getting too big,
    47        et cetera.  Lots of documents are now being served on both
    48        sides without places to put them.  I think that the
    49        documentation is gradually becoming unmanageable, and it is
    50        going to continue throughout the next year. 
    51 
    52        I think -- no blame on any side -- it would be useful if we 
    53        could agree some kind of system for updating the trial
    54        bundles.
    55
    56        I will be frank, I do not think we have the capability on
    57        our side of making an index that is accurate.  I would like
    58        to see if it is possible for an updated index to be made
    59        and a system throughout the rest of the trial, in terms of
    60        making sure that both parties serve documents in the

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