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
