Day 014 - 20 Jul 94 - Page 06


     
     1        bundles are there and in your bundles so that we all have
              the same set.  That is the most sensible approach
     2        otherwise -----
 
     3   MR. JUSTICE BELL:  I am not aware it has not been systematic.
              As far as I know, until someone points out something
     4        different, the volumes I have here are the same as the
              volumes which the witness has there, which are the same as
     5        the volumes you have at your disposal in court.  Is there
              any reason to doubt that?
     6
         MR. RAMPTON:  No reason to doubt that.
     7
         MR. JUSTICE BELL:  Where a wheel comes out off, if it comes off
     8        at all, is a difference between what you have in court
              there and what you have at home.
     9
         MR. MORRIS:  There were documents, which you remember at the
    10        beginning of the trial, that were not in your set that had
              been served.
    11
         MR. RAMPTON:  The only exception is this, that the actual
    12        mechanical or physical process in inserting documents in
              defendants' trial bundles Mrs. Brinley-Codd has perhaps,
    13        your Lordship may think understandably, decided should be
              left to them.  She should not do that for two reasons.
    14        One is it is not particularly gracious of the defendants
              to expect her to do so.  Secondly, and more importantly,
    15        one's files contain markings which one would not want the
              other side to see.
    16
         MS. STEEL:   That is fine, but sometimes we are given documents
    17        without being told where they are to be slotted.
 
    18   MR. JUSTICE BELL:  What Mrs. Brinley-Codd very helpfully did
              when I was handed up papers they had post-its on them with
    19        the volume, the tab and the page.  I am sure she will be
              prepared to put a post-it on whatever is handed to you,
    20        but I think you should put it in your own volumes.  I am
              sure she would be willing to do that.  Secondly, she would
    21        not want to open a bundle and see you had written
              something in the margin on a document.
    22
         MR. MORRIS:  Can you make sure we have three copies of any
    23        documents that are served?
 
    24   MR. RAMPTON:  No.  I will not undertake to do that.  They may
              make their own copies of documents which are served.  I
    25        deliberately, when I handed those documents in to your
              Lordship at the beginning of this week, read out the 
    26        references and the page numbers of the files where they 
              should be placed.  That is as far as our side, unless your 
    27        Lordship tells us otherwise, we are prepared to go.
 
    28   MR. JUSTICE BELL:  You are two separate parties.  In my view,
              you should each get one copy of a document.  I do not
    29        think it is unreasonable if you make an extra -- you can
              decide if you like that the copy which is yours, Ms.
    30        Steel, goes into your court bundles and the copy which is
              Mr. Morris' is photocopied once, so you can each have a

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