Day 274 - 04 Jul 96 - Page 06


     
     1        Lyde & Gilbert list they propose to prove, if they are not
     2        admitted by the defendants, and which they do not propose
     3        to prove, so that if they are not admitted and they are not
     4        admissible in their own right by some route, I just cannot
     5        take account of them.
     6
     7        I repeat, this is not a formal ruling.  I have not heard
     8        argument or completed argument on it.  It is a statement
     9        which I feel I ought to make in the interests of all the
    10        parties and particularly the defendants.
    11
    12   MR. MORRIS:  Can I ask one question?
    13
    14   MR. JUSTICE BELL:  Yes.
    15
    16   MR. MORRIS:  I have not had a chance to look through the list in
    17        detail, and also because of the state of the organisation
    18        of the documents in this case in general, and my particular
    19        documents that I have got in particular, that I do not know
    20        if I will be able to check them all, find them all.  I know
    21        what my position is in general, to which I will say on
    22        Monday, but I am only worried that there are documents not
    23        on the list that the plaintiffs have disclosed that have
    24        been discussed during the evidence and I do not know if the
    25        plaintiffs can indicate, did they put down all the
    26        documents that have been brought up in the evidence.
    27
    28   MR. JUSTICE BELL:  I think you should assume that what they put
    29        on the list in March were the documents which they have
    30        some concern may not be admissible in their own right and
    31        therefore they feel are not admissible or may not be
    32        admissible unless and until you and Ms. Steel agree them,
    33        or they go ahead and formally prove them.  So I would not
    34        worry about any other documents.
    35
    36        So far as any other documents are concerned, they will
    37        either be admissible in their own right by some legal
    38        procedural route or other, or, if they are not admissible
    39        in their own right, if the plaintiffs do not go ahead and
    40        formally prove them, and if you do not agree them, will not
    41        be adducible in evidence.
    42
    43   MR. MORRIS:  That is what I am a little bit concerned about,
    44        that there may be significant documents that the plaintiffs
    45        have deliberately left off their list that were not
    46        favourable to them, and then I do not know, unless I go
    47        through the 20,000 pages of transcripts, which documents
    48        have come up in the evidence as relevant but do not appear
    49        on the list.  But maybe if the plaintiffs give some
    50        indication of what their thinking was.  Is the list a
    51        comprehensive list of all relevant documents?
    52
    53   MR. JUSTICE BELL:  No, I do not think....  You will remember
    54        that not long after this list was produced, under the cover
    55        of Barlow Lyde & Gilbert's letter, and it is now three and
    56        a half months ago, my recollection is that I stressed to
    57        you that if there were documents which you wanted to rely
    58        on, where there might be some argument about admissibility,
    59        you had to produce an equivalent list to see if the
    60        plaintiffs would agree them.  And I referred to that in the

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