Day 149 - 06 Jul 95 - Page 49
1 position was that we would just have to make a list so, for
2 example, if we have a dispute about whether something is
3 disclosable such as clothing, whether they have any right
4 to ask for clothing, we can make that point when we do our
5 list, send a letter with it saying, "As far as we can see,
6 you have not got any right to that"?
7
8 MR. JUSTICE BELL: What I suggest you do is make a list of what
9 you think should be on the list. Remember what I said
10 yesterday about there being printed forms which I suppose,
11 though I have never, I am happy to say, had to go and buy
12 one myself from Oyez Stationers, which are the standard
13 form of discovery of documents list which has the various
14 parts to it. I suggest you get one of those. It is not a
15 bad idea, although in the pleadings bundle I am sure you
16 will find one there and use that.
17
18 MS. STEEL: I think the first time we did a list we did ----
19
20 MR. RAMPTON: I am looking at those supplementary lists. They
21 have got the form.
22
23 MR. JUSTICE BELL: Follow that, but then, lest there be any
24 misunderstanding about it, if there are other things which
25 you think that McDonald's think are in a form which should
26 be listed, you have mentioned clothing, I do not know about
27 that, but if you have something like that and you are in
28 two minds about whether they think you should disclose it
29 or not, write a letter about that saying, "We have this,
30 that or the other, but we would contend that that is not
31 something we have to disclose." If there is any dispute
32 about it you can raise it and I can decide upon it.
33
34 MS. STEEL: To be honest I am trying to ----
35
36 MR. JUSTICE BELL: If you are confident that it is not a
37 disclosable thing, then do not put it on your list and
38 leave McDonald's to ask for specific discovery of it if
39 they think you have something. But if you are in doubt it
40 would be helpful to raise it, that is all.
41
42 MS. STEEL: I just think it would be easier to do that with
43 regard to categories then list the things we do not think
44 we ought to disclose.
45
46 MR. JUSTICE BELL: The main thing to focus on is any
47 documentation, any letters, diaries, things of that kind.
48 I am afraid you have to remember, I know you have this in
49 mind, what is not relevant at all is whether it might help
50 or hinder your case.
51
52 MS. STEEL: I understand that.
53
54 MR. JUSTICE BELL: You know about that.
55
56 MS. STEEL: To be honest, they have asked for all sorts of
57 things like press cuttings, and I do not really see how
58 press cuttings are relevant in terms of evidence.
59
60 MR. JUSTICE BELL: They have on occasion said that they have not
