Day 014 - 20 Jul 94 - Page 03
MS. STEEL: I did look at the file of indices which is
2 supposed to be the same one for the court and here, and it
was not in there, so I just assumed there were not any.
MR. JUSTICE BELL: From now on it is a narrow argument because
4 it is not producing anything. Let us get on with
Professor Wheelock but make sure you familiarise yourself
5 with what is there.
6 MR. MORRIS: One final comment, documents that are served on us
at home which are our set are not unusually put in the
7 court bundles, so we have documents that are served on us
that are not in the court bundles, then documents that are
8 served on us and we put in the court bundles are not
necessarily in the witness files. We do not know which
9 ones you are getting either. I think this is a bit of a
problem whereas the longer we go on, the more confusing it
10 is going to be, not just for us but for the witnesses and
I think maybe there is some kind of systematic approach to
12 every document that is relevant in the case, that it is
copied automatically in each of the sets that are relevant
13 that people have, which means yourself and the witness,
our court bundles and us at home, because it is impossible
14 for us to cross check ten's of thousands of documents to
see if they are all there. We just physically cannot do
16 MR. JUSTICE BELL: I thought you had a complete -- do you have
a complete set at home?
MS. STEEL: No.
MR. MORRIS: Apparently not. We thought we did until this
19 morning. We did not realise there was stuff in there we
did not have at home.
MR. JUSTICE BELL: Mrs. Brinley-Codd has said she had a
21 conversation with you. You said you did not want certain
documents at home.
MS. STEEL: No, that is not quite what it was. What happened
23 was, if you remember we asked for a third set to be made
to the court. Mrs. Brinley-Codd rang up to find out
24 whether we wanted that set delivered to our homes. She
said: "Whose house do you want it delivered to?"
25 Mr. Morris said: "If we get it delivered to our homes we
will have to take it to the court, so can you take it
26 straight to the court?" We did not realise there was
anything different in that set of documents that we did
27 not already have at home.
28 MR. JUSTICE BELL: What is the position with regard to bundles
of documents? I remember there was some discussion early
29 on about how many you should have to produce for the
defendants. I thought, whatever the merits one way or the
30 another, the end result was there would be a copy at home
or at the home of one or other of the defendants and a