Day 057 - 29 Nov 94 - Page 50


     
     1        Generally speaking I would have thought in litigation, and
     2        in my experience, it is the person who wants the document
     3        who makes a note and leaves the other side in no doubt that
     4        they do actually want that document.  Those who are sitting
     5        in court may have paid particular attention to that answer;
     6        their mind may have been on something else; they may have
     7        been looking at a document at the time.  Great attention
     8        though Mr. Rampton, Mr. Atkinson and Mrs. Brinley-Codd no
     9        doubt paid to the evidence, I do not think they can be
    10        expected to be making a note as we go along of the
    11        documents which have been mentioned and you have called
    12        for.  I think you should do that yourself.
    13
    14   MS. STEEL:  We are doing that now.  The point I am making is
    15        that Mrs. Brinley-Codd did actually ask the witness and did
    16        actually get an answer.  All I am saying is it would have
    17        been helpful if that had been communicated to us.
    18
    19   MR. JUSTICE BELL:  Make your list of the things in relation to
    20        Professor Gregory and make a list of any of these queries
    21        which crop up in the future, and make sure you actually ask
    22        Mrs. Brinley-Codd: "Can you get that? Have you got it?"
    23        There is no reason why you should not do that directly.  If
    24        you had a solicitor that is one of the duties your
    25        solicitor would be performing all the time.
    26
    27   MS. STEEL:   With respect, if we had a solicitor we would
    28        probably be doing quite a lot more than what we have got.
    29
    30   MR. JUSTICE BELL:  You do not and so you have to do it
    31        yourself.  If you are running into difficulty about it tell
    32        me about it, but do with it with regard to Professor
    33        Gregory.  A lot of these things crop up in court and on
    34        reflection people think, well, they are really not going to
    35        be worth bothering about, I wish I had never asked about
    36        it.  If you keep a list the other side will know which ones
    37        you are really interested in.
    38
    39   MR. MORRIS:  We are finding a difficulty in monitoring the past,
    40        if you like, as we go through this case to check on
    41        everything that has come out of a day's hearing.
    42
    43   MR. JUSTICE BELL:  One thing you can do, for instance, when you
    44        have a section like that you can press F5, or Ms. Steel can
    45        press F5, on CaseView.  Then if and when her notes are
    46        actually printed out that would be something which will
    47        come out on the CaseView notes.  If one looks back through
    48        the day just by pressing F10 repeatedly you will come to
    49        that highlighted section eventually.
    50 
    51   MR. MORRIS:  The remaining items are counterclaim pleadings and 
    52        bundles and schedule related matters, plus some of the 
    53        other matters.  We would like to deal with the
    54        counterclaim.
    55
    56   MR. RAMPTON:  My Lord, Mr. Atkinson will deal with this aspect
    57        of the case, of course, on our behalf.
    58
    59   MS. STEEL:   There is a slight problem with this, which is that
    60        I went right through the Defence to Counterclaim and picked

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