Day 042 - 31 Oct 94 - Page 68
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2 MR. JUSTICE BELL: Yes. Leave aside a moment the fact that it
3 sounds as if you were given copies of these perhaps by Miss
4 Dibb or someone passing them from her to you only on
5 Friday. You know the normal practice is to disclose all
6 documents which are relevant to an issue, or may be, and
7 particularly documents which you want to put to a witness,
8 either your own or a witness on the other side, for the
9 purposes of cross-examination.
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11 If you come into possession of a document late in the day
12 so it has not been read by those acting for McDonald's or
13 the witness before the witness goes into the witness box,
14 the nearest one can get to putting in McDonald's and the
15 witness back in the position they would have been in had
16 the normal process of discovery been followed, is to have a
17 pause, give copies of the document to Mr. Rampton and the
18 witness, so that they can then read them and Mr. Rampton
19 can take instructions, if he wishes, either now or between
20 the end of your cross-examination and re-examination.
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22 It is in order to go through that exercise that I am asking
23 you, if you will, please, to identify the documents which
24 you wish to put. By the time we have done that it will be
25 so close to the time when I was going to retire that we can
26 retire, the witness can read the documents, Mr. Rampton and
27 anyone else on his side of the court can read the documents
28 and we can resume in the morning as close as it is possible
29 to get to the position we would be in if there had been
30 discovery, say, three months ago.
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32 MR. MORRIS: Yes. The problem is that my papers are all over
33 the place. I find it hard to organise.
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35 MR. JUSTICE BELL: I would like you to sit down. I will not
36 leave court. Sit down for five minutes and just put them
37 in an order in front of you, so that you can tell us what
38 they are.
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40 MR. MORRIS: There are two documents. There is the one I have
41 just mentioned. Then there is "Ad Watch" which is the news
42 letter of the National Food Alliance Working Party on Food
43 Advertising. We have not served that yet.
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45 MR. JUSTICE BELL: The pink volume. You have given a copy to
46 Mr. Rampton. You have a copy yourself. Is there another
47 copy? Just those two?
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49 MR. MORRIS: I think so, yes.
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51 MR. JUSTICE BELL: What about the "Ad Watch" one?
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53 MR. MORRIS: I think again that is the only copy we have got.
54 Obviously, I could leave questions until tomorrow and make
55 sure we serve this. I can fax that to them tonight or
56 something.
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58 MR. JUSTICE BELL: Do you need to look it at overnight
59 yourself?
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