Day 057 - 29 Nov 94 - Page 50
1 Generally speaking I would have thought in litigation, and
2 in my experience, it is the person who wants the document
3 who makes a note and leaves the other side in no doubt that
4 they do actually want that document. Those who are sitting
5 in court may have paid particular attention to that answer;
6 their mind may have been on something else; they may have
7 been looking at a document at the time. Great attention
8 though Mr. Rampton, Mr. Atkinson and Mrs. Brinley-Codd no
9 doubt paid to the evidence, I do not think they can be
10 expected to be making a note as we go along of the
11 documents which have been mentioned and you have called
12 for. I think you should do that yourself.
13
14 MS. STEEL: We are doing that now. The point I am making is
15 that Mrs. Brinley-Codd did actually ask the witness and did
16 actually get an answer. All I am saying is it would have
17 been helpful if that had been communicated to us.
18
19 MR. JUSTICE BELL: Make your list of the things in relation to
20 Professor Gregory and make a list of any of these queries
21 which crop up in the future, and make sure you actually ask
22 Mrs. Brinley-Codd: "Can you get that? Have you got it?"
23 There is no reason why you should not do that directly. If
24 you had a solicitor that is one of the duties your
25 solicitor would be performing all the time.
26
27 MS. STEEL: With respect, if we had a solicitor we would
28 probably be doing quite a lot more than what we have got.
29
30 MR. JUSTICE BELL: You do not and so you have to do it
31 yourself. If you are running into difficulty about it tell
32 me about it, but do with it with regard to Professor
33 Gregory. A lot of these things crop up in court and on
34 reflection people think, well, they are really not going to
35 be worth bothering about, I wish I had never asked about
36 it. If you keep a list the other side will know which ones
37 you are really interested in.
38
39 MR. MORRIS: We are finding a difficulty in monitoring the past,
40 if you like, as we go through this case to check on
41 everything that has come out of a day's hearing.
42
43 MR. JUSTICE BELL: One thing you can do, for instance, when you
44 have a section like that you can press F5, or Ms. Steel can
45 press F5, on CaseView. Then if and when her notes are
46 actually printed out that would be something which will
47 come out on the CaseView notes. If one looks back through
48 the day just by pressing F10 repeatedly you will come to
49 that highlighted section eventually.
50
51 MR. MORRIS: The remaining items are counterclaim pleadings and
52 bundles and schedule related matters, plus some of the
53 other matters. We would like to deal with the
54 counterclaim.
55
56 MR. RAMPTON: My Lord, Mr. Atkinson will deal with this aspect
57 of the case, of course, on our behalf.
58
59 MS. STEEL: There is a slight problem with this, which is that
60 I went right through the Defence to Counterclaim and picked
