Day 078 - 26 Jan 95 - Page 03
1 MR. RAMPTON: My Lord, I should add in aid of that that it looks
2 to me at the moment as though, assuming Mr. Walker finishes
3 today or tomorrow, which he certainly ought to, I think, it
4 looks very much to me at the moment as though next week is
5 going to be quite a short week. If one compares what
6 Professor Jackson and Mr. Clark have said with what is said
7 by the Defendants' expert, Mr. North, one can see that
8 there is practically no water between them at all. It is
9 very likely we will get three days off at the end of next
10 week, I would guess.
12 MR. JUSTICE BELL: Let us hope that we do get some time.
14 MR. MORRIS: I am sorry for being late.
16 MR. JUSTICE BELL: Yes. Try to avoid slips; I know they happen
17 from time to time. You have done jolly well, if I may say
18 so, so far in being here on time. We decided at about ten
19 two to go ahead anyway with some preliminary matters and,
20 rather than go through them again now, I will leave
21 Ms. Steel to tell you about them when we have a break.
23 MR. MORRIS: I left my notes at home.
25 MR. JUSTICE BELL: Yes. Was there something you wanted to raise
26 about the timetable?
28 MS. STEEL: Not about the timetable. There was actually
29 something we wanted to raise about on the back of the
30 invoices there were some other bits of paper which were
31 taken off yesterday and we asked if we could see them.
32 Mrs. Brinley-Codd said they were shipping documents and
33 that she did not want to hand them to us. We wanted to
34 apply to be able to see them. I think you said that they
35 should give shipping documents, in fact, on a previous
38 MR. RAMPTON: No, my Lord. They are not shipment documents,
39 they are not shipping documents in the sense -- they are
40 not Brazilian documents or anything like that; what they
41 are are documents, delivery notes by lorry drivers, and
42 matters of that kind. The reason, there is nothing
43 sensitive or confidential about them, that one does not
44 disclose documents which are irrelevant, the first is that
45 it infringes the principle and the Defendants will get into
46 a habit of mind of expecting us to disclose irrelevant
47 documents. The second reason is that one knows very well
48 what happens; one then spends a lot of time in court going
49 through material which is nothing to do with the question
50 which matters, where in Brazil did this meat come from?
52 MR. JUSTICE BELL: I see, without asking for any comment from
53 either of the Defendants, the good sense in a case where
54 there may be far too many documents anyway in not having
55 even one extra unnecessary one. Since they are actually
56 here in court, is there any reason why the Defendants
57 should not see them without prejudice to the point you have
58 made and which you may well take in the future?
60 MR. RAMPTON: My Lord, we have always been conscious in this