Day 117 - 27 Apr 95 - Page 41


     
     1
     2   MR. JUSTICE BELL:  I am just asking for estimates at the
     3        moment.  What about Mr. Fairgrieve?
     4
     5   MR. MORRIS:  I do not think he is going to take that long,.
     6        I think two days might be a fairly prudent estimate.
     7
     8   MR. JUSTICE BELL:  You wanted to mention some other matters?
     9
    10   MR. MORRIS:  I was going to prepare a legal list of outstanding
    11        matters which I was asked to do but I had not done it.
    12        Really, I was saying I had not done it but I wanted to do
    13        that as soon as possible because there are outstanding
    14        matters.  Having said that, I cannot immediately identify
    15        them.  There is a problem we have identified as advance
    16        notice of the Plaintiffs producing documents computer
    17        generated documents or documents without any backup.
    18        I will not go into this now, but obviously sometimes we are
    19        not sure what the status of that document is.
    20
    21   MR. JUSTICE BELL:  What I may have to decide in due course is,
    22        although I have a document in front of me, if it is not
    23        agreed or if its contents are not agreed to be accurate and
    24        there is a challenge to its evidential status, I may have
    25        to decide whether I can take it into account at all in due
    26        course.
    27
    28   MR. MORRIS:  It also relates, for example there is another
    29        statement being served of Mr. Kouchoukos where he has said
    30        he has revised or corrected his calculations, but he does
    31        not provide any source documents; he just provides
    32        computer-generated documents which, as far as we know,
    33        might be as inaccurate as other ones.  Having said that,
    34        obviously we are unhappy to accept anything which would
    35        make the position worse which we believe his statement on
    36        CFCs does.  We do not know what the status of that
    37        statement is either.  Is that automatically accepted as
    38        evidence?
    39
    40   MR. JUSTICE BELL:  I think a Civil Evidence Act notice has been
    41        served in respect of his additional statement.  That does
    42        not answer your question on documentation or source.  Just
    43        as that would be live if he went into the witness box, so
    44        it is live as the additional statement is admissible under
    45        the Civil Evidence Act.
    46
    47   MR. MORRIS:  Is basically the onus on us?  If the Plaintiffs are
    48        putting forward a document as evidence, as long as we
    49        accept it, that is acceptable?
    50 
    51   MR. JUSTICE BELL:  If you accept it, for instance we have had 
    52        come documents which Mr. Nicholson has produced which are 
    53        obviously computer printouts, as I listen to your
    54        cross-examination of Mr. Nicholson I may find out that some
    55        of them you are happy to accept because you think you can
    56        use them in your own favour.  If there are others which you
    57        do not, you can either indicate during the
    58        cross-examination or you can say in speeches at the end of
    59        the case and you should, in any event, say it in speeches
    60        at the end of the case anyway, even if you have already

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