Day 149 - 06 Jul 95 - Page 50


     
     1        discovered a document because it is not relevant.  You are
     2        perfectly entitled to do the same.  Because you are acting
     3        in person I am just a little more cautious that you might
     4        not miss something which, in fact, should be listed because
     5        you have the legal position wrong which is why I have
     6        encouraged you to raise it if you are in two minds about
     7        it.
     8
     9   MS. STEEL:  I am happy to do that in terms of saying, for
    10        example with press cuttings, we do not see how press
    11        cuttings are relevant.
    12
    13   MR. RAMPTON:  My Lord, I can help -----
    14
    15   MS. STEEL:  Can you just let me finish, please?  But what I do
    16        not want to have to do is to list all the press cuttings
    17        that I have in my possession and say:  "I do not think
    18        these are relevant" because that will take me a massive
    19        length of time.
    20
    21        If the Plaintiffs can show by some means that press
    22        cuttings would be relevant and ought to be disclosable,
    23        then at that point, if it is necessary, we can list the
    24        press cuttings.  But I do not want to have to do it when
    25        they are not entitled to them because they are irrelevant
    26        or something like that.
    27
    28   MR. JUSTICE BELL:  Right.  I am assuming at the moment that when
    29        you a mean press cutting you mean a press cutting without
    30        something written on it, because obviously if something has
    31        been written on it like:  "We achieved what we wanted to
    32        achieve here", do you see what I mean, then that would,
    33        obviously, be a document which might be relevant.  Likewise
    34        you might say:  "How did this get in the newspapers; it was
    35        nothing to do with us?"  Then that might be relevant.
    36
    37        What I suggest you do, if there are a number of press
    38        cuttings which have not been made into a separate document
    39        by the adding of some annotation, put them in possibly a
    40        completely different category.  Do not for the time being
    41        put them on your list but do say:  "We have a box full of
    42        press cuttings".  Then Mr. Rampton, if he says that is
    43        unsatisfactory and that they ought to be discovered, then
    44        he can tell me why.
    45
    46   MS. STEEL:   Presumably, we would then be able to apply to the
    47        Plaintiffs for any press cuttings they had about their
    48        discussions on X-Y-Z.
    49
    50   MR. JUSTICE BELL:  I do not want to look into the future too 
    51        far; I would rather deal with the situation if and when it 
    52        arises.  Just allow me to make a note. 
    53
    54   MS. STEEL:   I think that is it.
    55
    56   MR. RAMPTON:  May I respond to this question of discovery
    57        because what I foresee, alas, is a massive application for
    58        specific discovery when we get to the Defendants' list
    59        devoid of any relevant documents.  When, for example,
    60        Mr. Atkinson mentioned press cuttings, the Defendants had

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