Day 072 - 12 Jan 95 - Page 13
1 Appeal which is a very, very important principle and could
2 be a big problem in the future unless the test which Lord
3 Justice Leggatt has interpreted in a very reasonable way
4 for the party obtaining discovery.
5
6 I can see in this case, although documents up to now have
7 not been blanked out very often -- we are talking about two
8 documents, basically, this set and the nutrition document
9 which was disclosed in the end after a year's effort which
10 we would -- I want to make another point on that while I am
11 on to it which is it is our belief that document was
12 relevant.
13
14 MR. JUSTICE BELL: I do not think that can really affect this
15 case because if this issue arises as it has arisen now and
16 may, I do not know, arise in the future, I have to deal
17 with it specifically.
18
19 MR. MORRIS: But I can imagine, bearing in mind what happened in
20 the past, that future documents disclosed start appearing
21 with blank spaces and it can become a problem. So, I am
22 not saying that these particular documents are the most
23 important documents in the whole case; I think they are
24 important. I think we have a right to see them and that
25 this application may need to be made again in the future.
26
27 I am not being silly, but we do feel this is a matter of
28 principle that is appealable if we feel the decision goes
29 against us. I am not saying that we would do so in every
30 case because, you know, it depends how strongly you feel
31 about any particular set of documents, but I think that
32 there is an important matter of principle here, and that
33 the documents could reasonably be supposed that they may,
34 directly or indirectly, relate to issues in the case.
35
36 MR. JUSTICE BELL: Do you want to saying more in reply?
37
38 (For Ruling please see separate transcript)
39
40 (Short adjournment)
41
42 Mr. STACEY STUMP, Recalled.
43 Cross-Examined by the Defendants, continued.
44
45 MS. STEEL: You were mentioning about the trash walk, that
46 there is a map in the store?
47 A. Yes, there is.
48
49 Q. What exactly does the map show?
50 A. It would just show the streets in which the trash walk
51 had to be completed and a description of what had to be
52 done.
53
54 Q. How is that marked, did you say, and a description of what
55 had to be done?
56 A. Yes.
57
58 Q. That is still at the restaurant now, is it?
59 A. Yes, it will be.
60
