Day 190 - 23 Nov 95 - Page 45
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2 MR. MORRIS: Yes. I am just trying to think -----
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4 MS. STEEL: I just wanted to ask, I would like to ask for the
5 Plaintiffs to bring the Managers' Handbook to the court
6 that this is from, so that we can see where it is from and
7 also see the nature of the document.
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9 MR. JUSTICE BELL: Is there any problem about that?
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11 MR. RAMPTON: No, I do not suppose there is. I have not seen it
12 myself. I would certainly, as I think I have said to your
13 Lordship, want to show your Lordship the document from
14 which those pages have been copied, if (indeed) it is a
15 document of importance.
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17 MR. JUSTICE BELL: If it is a document which is not in the
18 bundles at the moment -----
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20 MR. RAMPTON: It is not, no.
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22 MR. JUSTICE BELL: I can imagine all sorts of ways in which
23 parts of it might be arguably relevant anyway, one way or
24 the other.
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26 MR. RAMPTON: I suppose that is right, yes.
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28 MR. JUSTICE BELL: We have had all this discussion about having
29 to stick to percentages and things like that. I do not
30 know whether it says anything about those and, if it did,
31 which way it would lead one.
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33 MR. RAMPTON: We will get a copy and we will have a look at it
34 for those general reasons as well.
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36 My Lord, just before your Lordship leaves the question of
37 Civil Evidence Act notices out of time, can I just remind
38 your Lordship that it does not automatically follow that
39 because a person cannot, with reasonable diligence, be
40 found his statement will be admitted. The reason I say
41 that is in the footnote at the bottom of page 675 of the
42 White Book and the reference is to the case over the page,
43 Morris v. Stratford-on-Avon RCD [1973] 1 W.L.R. 1059, which
44 says that even though there is a good excuse for being out
45 of time, the statement may be rejected by the court if it
46 causes the other side irredeemable prejudice and injustice.
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48 MR. JUSTICE BELL: However one phrases it, I am aware that there
49 is considerable discretion in the court.
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51 MR. RAMPTON: There is, yes.
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53 MR. MORRIS: Just a couple of other matters .....
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55 MR. JUSTICE BELL: Have you got matters of substance, because it
56 is after -----
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58 MR. MORRIS: Just a couple of things.
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60 MR. JUSTICE BELL: Are they of substance because the question is
