Day 102 - 13 Mar 95 - Page 03

     1        you see what I mean, or no sufficient sample of the
     2        documents.  But bear in mind that he is yet to give
     3        evidence and I do not know and you do not know just
     4        precisely what Mr. Rampton will ask him so far as that is
     5        concerned.
     7   MR. MORRIS:  There are just a couple of other matters.
     9   MR. JUSTICE BELL:  Yes.
    11   MR. MORRIS:  We had served on us over the weekend
    12        I believe -- Friday -- the voluntary particulars of the
    13        Defence to Counterclaim, further particulars.  On page 8 --
    14        I do not think you have to get it out -- the Plaintiffs
    15        refer to one of the files that we have in court quoting
    16        something on the cover of one of the files, what they say
    17        is on the cover.  We wanted to make a protest about the
    18        Plaintiffs' looking at our documents, or any of them, or
    19        any of our files.
    21   MR. JUSTICE BELL:  I have not assumed that they have gone around
    22        looking to see what is on your files.  If something is
    23        there and one cannot avoid seeing it or one's eyes falls on
    24        it, well, there we are.  That is just -----
    26   MS. STEEL:  The thing is they say what the contents of this file
    27        are supposed to be.
    29   MR. JUSTICE BELL:  I will look at it again.  I just thought that
    30        someone's eye may have fallen upon it.
    32   MR. RAMPTON:  Several pairs of eyes, in fact, my Lord.  It has
    33        been inescapable.  It has been bandied around quite a lot.
    34        The Defendants have not tried to cover it up.  One might
    35        say:  "Well, why should they?"
    37   MR. JUSTICE BELL:  Absolutely.
    39   MR. RAMPTON:  Just as Ms. Steel noticed, I think, sometime ago
    40        that I had some nutritional leaflets, I did not accuse her
    41        or prying or going through my documents.  They are here,
    42        sitting here and everybody can see them.  It is quite
    43        apparent -- I have not looked at the material of those
    44        files, of course not -- that when the Defendants refer to
    45        transcripts, they refer to those file; it is quite apparent
    46        from the colour of the paper that it is not the
    47        original documents that were supplied to them by the
    48        transcribers.
    50   MS. STEEL:  We do have other things to say at the relevant time 
    51        about what is pleaded there. 
    53   MR. JUSTICE BELL:  That may be.
    55   MS. STEEL:  Is that normal practice then, that people on the
    56        other side look into files and things like that?
    58   MR. JUSTICE BELL:  No, I have not assumed that they have.  If
    59        you want to make a formal complaint about it, then I will
    60        look into the matter, but you are sitting on the same row.

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