Day 147 - 04 Jul 95 - Page 40


     
     1        something which you want to say, then you should put it in
     2        written form and give it to Barlow's.
     3
     4        I do not know whether there is anything extra.  I just want
     5        you to go through the exercise of thinking whether there is
     6        positively -- that is all.
     7
     8        When I do come to give a ruling, I do not propose to say
     9        anything more about items 7 and 2.  They do not require
    10        rulings from me.  They are just indications of what I think
    11        you should do.
    12
    13   MS. STEEL:  There is, in fact, another matter which I wanted to
    14        raise at some stage, which is not -- in fact, there are two
    15        things I wanted to raise -- on the list.  One is an
    16        application for discovery of the notes made by the
    17        Plaintiffs' private investigators of meetings which they
    18        attended which have been revealed in the supplementary
    19        statements.  I do not know whether -- I mean, there is not
    20        really much to say about that.  We had argument on the
    21        previous occasion about notes relating to the other
    22        meetings which they referred to in their first statements,
    23        and they were then disclosed where the Plaintiffs said they
    24        were available, I think.  Certainly, we have had notes of
    25        the meetings of -----
    26
    27   MR. JUSTICE BELL:  Can you give an example by referring to one
    28        of the statements?
    29
    30   MS. STEEL:   Mr. Pocklington's statement and Mr. Clare's
    31        statement.  Their initial statements refer to a number of
    32        meetings they attended.  The notes of those meetings, the
    33        notes they made after those meetings, have now been
    34        disclosed.  But last week, or the week before, we were
    35        served supplementary statements about a number of other
    36        meetings, additional meetings that they had attended; and
    37        I think the statements were referred to by Mr. Rampton
    38        yesterday, so I kind of presumed that you had seen them.
    39
    40   MR. JUSTICE BELL:  Yes, I have read them.
    41
    42   MS. STEEL:  Yes.  We would apply for the notes of those
    43        meetings, the notes they made after those meetings, to be
    44        disclosed.
    45
    46   MR. JUSTICE BELL:  Yes.
    47
    48   MS. STEEL:  The other matter I wanted to bring up, which I did
    49        not put on the list -- I had completely forgotten about it;
    50        I had it written in my notebook -- is the matter of 
    51        witnesses on both sides giving their addresses in open 
    52        court. 
    53
    54        The Plaintiffs have been giving the Company's address and
    55        we have not taken objection to that.  There are some of our
    56        witnesses who do not want their addresses given out in open
    57        court.  Obviously, there is a form that we have to fill in
    58        before they go into the witness box, but I was wondering
    59        whether it could just be agreed that addresses do not have
    60        to be given in open court, because some people are

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