Day 072 - 12 Jan 95 - Page 03
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2 MR. JUSTICE BELL: Yes.
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4 MS. STEEL: Can I just ask, which page are we referring to when
5 he said it was legible?
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7 MR. RAMPTON: I am sorry, the first document in the file is a
8 Kensington Borough Council document. It goes through,
9 I think, to page 748. It is the first five or six pages.
10 After that we have reproduced the whole of what is in the
11 file. So, the first page your Lordship has there is 749.
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13 MR. JUSTICE BELL: Yes.
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15 MR. MORRIS: I think my submission is going to be short and
16 sweet and simple which is that my understanding from The
17 Times report -- I do not know if people have copies of The
18 Times report?
19
20 MR. JUSTICE BELL: I had my original Times, I mean the actual
21 newspaper with it in which I have still got. I have been
22 handed up -- what happens, there is an actual report, a
23 book, which is called The Times law reports, and they go
24 into that, or some of the ones which actually appear in the
25 newspaper go into that. It is just like one of these
26 volumes on the wall.
27
28 MR. MORRIS: So we can refer to this? It is the same.
29
30 MR. JUSTICE BELL: You can refer to that. They should be the
31 same. They will be pretty well the same. I have read the
32 transcripts of the actual approved judgments of the judge
33 and the judges in the Court of Appeal. What I was saying
34 earlier is that I consider The Times law report to be
35 accurate. It obviously has not got as much in it as the
36 full judgments have.
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38 MR. MORRIS: As I say, I am not going to go into enormous
39 detail. I do not think it is needed in an application.
40 So, it seems to me the most useful paragraph is on page 448
41 of The Times law reports, August 3rd 1994, which Mr. Lord
42 Justice Leggatt summed up what the test is for whether
43 parts of a document should be disclosed. The second
44 paragraph, he said: "The test was whether it was not
45 unreasonable to suppose that passages blanked out did
46 contain information which might, either directly or
47 indirectly, enable Arthur Andersen either to advance their
48 own case or to damage the Plaintiff's case."
49
50 Just looking at that, whether it was not unreasonable to
51 suppose that blanked out passages, directly or indirectly,
52 enable someone to advance or damage a case, so the question
53 is, is it reasonable for us to suppose -----
54
55 MR. JUSTICE BELL: No, I am not sure that is right.
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57 MR. MORRIS: Or for the court.
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59 MR. JUSTICE BELL: Yes, it is, because the judge at first
60 instance there (who did not have any authority quoted to
