Day 006 - 05 Jul 94 - Page 84


     
     1
         MR. JUSTICE BELL:  There is no short way of doing it?
     2
         MR. RAMPTON:  I do not think there is any short cut.  I do not
     3        think there is any more sort of interim index or master
              index on a computer, or anything like that.
     4
         MISS STEEL:  Is there not any record of how they made a
     5        decision about what amount of pages to put in?  Was there
              not some sort of record kept?
     6
         MR. JUSTICE BELL:  In my experience, there would not normally
     7        be. It might well be in conference or something, just go
              through and say: "That is not relevant" or "We want this"
     8        or "The defendants will probably want that" and so on.
 
     9   MR. RAMPTON:  In fact, nowadays it is even more ephemeral than
              that because the way that I do it is simply to use a stack
    10        of those sticky yellow things and put those on the ones
              that are relevant.
    11
         MR. JUSTICE BELL:  Put a pencil cross in the corner.
    12
         MR. RAMPTON:  Or something like that and then it has gone.
    13
         MR. MORRIS:  This puts us in a difficult situation because not
    14        only can we not be sure of some of the documents, whether
              they are complete, I do not how we are going to check
    15        that, but because of the order changes as well in the
              documents, it would be virtually impossible to do that job
    16        of checking, because you will not be able to say: "Right,
              this is one, that was one, oh, page 7 is missed out"
    17        because page 7 maybe page 37.
 
    18   MR. JUSTICE BELL:  But you must have had in mind documents
              which you thought helped you and which you had it in mind
    19        either to refer your own witnesses to or to put to the
              plaintiffs' witness in cross-examination.
    20
         MR. MORRIS:  We do not know if they are now in the trial
    21        bundle.
 
    22   MR. JUSTICE BELL:  You will because you come to think:  "Oh,
              well I must put that to this witness", if you cannot find
    23        it in the trial bundle, or if you refer it into court and
              we find it is not in the trial bundle, the matter can be
    24        corrected.
 
    25        The fact that you think it would be an overwhelming burden
              to go all the way through all the bundles of documents to 
    26        see if a document is omitted or part of a document is 
              omitted, tells me that you are not going through all the 
    27        bundles and every document afresh looking for ammunition.
 
    28        The way you are doing it (and it is a perfectly sensible
              way of doing it) is you have in mind, or you have notes
    29        of, documents which you think may be useful in
              cross-examining a McDonald's witness, or useful to refer
    30        one of your own witnesses to in due course.  That
              immediately limits the number of documents you have to

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