Day 190 - 23 Nov 95 - Page 45


     
     1
     2   MR. MORRIS:  Yes.  I am just trying to think -----
     3
     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.
     8
     9   MR. JUSTICE BELL:  Is there any problem about that?
    10
    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.
    16
    17   MR. JUSTICE BELL:  If it is a document which is not in the
    18        bundles at the moment -----
    19
    20   MR. RAMPTON:  It is not, no.
    21
    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.
    25
    26   MR. RAMPTON:  I suppose that is right, yes.
    27
    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.
    32
    33   MR. RAMPTON:  We will get a copy and we will have a look at it
    34        for those general reasons as well.
    35
    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.
    47
    48   MR. JUSTICE BELL:  However one phrases it, I am aware that there
    49        is considerable discretion in the court.
    50 
    51   MR. RAMPTON:  There is, yes. 
    52 
    53   MR. MORRIS:  Just a couple of other matters .....
    54
    55   MR. JUSTICE BELL:  Have you got matters of substance, because it
    56        is after -----
    57
    58   MR. MORRIS:  Just a couple of things.
    59
    60   MR. JUSTICE BELL:  Are they of substance because the question is

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