Day 082 - 01 Feb 95 - Page 12
1 under 1A, B and C?
2
3 MR. MORRIS: I can do. Some of them are ones that came up in
4 examination and cross-examination in the last week or so,
5 mainly the food poisoning, hygiene, animals ones, so that
6 would be helpful to specify them, I am sure. The thing
7 about the points A and C are that they are all documents
8 which the Plaintiffs are already saying that they are
9 looking into which is the Brazil, Costa Rica. The USA
10 thing I think needs a bit of explanation. But employment
11 are ones that are mentioned in the affidavits of Nicholson
12 and Stein mainly, and include also the UK and the US
13 employment statistics that you indicated they should be
14 providing more comprehensive statistics than they have
15 already provided, i.e. half a page.
16
17 MR. JUSTICE BELL: Just listen to me for a moment.
18
19 MR. MORRIS: So they are all ones that actually have been
20 canvassed before.
21
22 MR. JUSTICE BELL: Maybe but it is difficult if one has to keep
23 looking back at a transcript and sifting the transcripts to
24 see what they are.
25
26 MR. MORRIS: I agree.
27
28 MR. JUSTICE BELL: The first step, it seems to me, which is why
29 I picked on rule 7 to try to illustrate the point, if you
30 were seeking specific discovery under that rule, you would
31 be put to the exercise of swearing an affidavit where you
32 would actually have to list them. They are very often in
33 an appendix to the affidavit and they just refer, or a
34 schedule to the affidavit, the documents specified or
35 described in schedule 2 which is an exhibit to the
36 affidavit. This is not just silly lawyers' formality ---
37
38 MR. MORRIS: No, I understand.
39
40 MR. JUSTICE BELL: -- it puts you to the discipline of listing
41 them. Just pause a moment. If we actually had a list, we
42 could from time to time go back to it and cross things off
43 it and see what was left.
44
45 MR. MORRIS: With respect, we actually compiled a 15 page list
46 application of specific documents and classes of documents
47 relating to Destruction of the Environment and Employment
48 issues which we served on the Plaintiffs some time last
49 summer. When I say "last summer", I mean 1993 -- no,
50 sorry, it was April last year. This was part of the
51 process in which the Plaintiffs were ordered to swear
52 affidavits and further affidavits, so virtually all the
53 documents which I have mentioned have actually been listed.
54
55 MR. JUSTICE BELL: Yes. I do not have to remind you that that
56 is nine months ago and two months before the trial actually
57 started.
58
59 MR. MORRIS: Yes, but that is the ones that we got the
60 affidavits on only this month or last month.
