Day 082 - 01 Feb 95 - Page 14

     
     1        Gomez Gonzales, as your Lordship will see from the
     2        transcript of day 70.
     3
     4        Then there is the third category which is a completely
     5        separate question:  To what new classes of documents or
     6        individual documents might the Defendants be entitled under
     7        order 24, rule 7?  That, with respect, must be a matter of
     8        specification and, if necessary, argument.  I mean, it may
     9        be if the Defendants say:  "We would like you to ask McKey
    10        to produce this, that or the other class of document by way
    11        of sample or whatever", we shall say:  "Yes, fine; you can
    12        certainly have it" but until we know what it is we are up
    13        in the air.
    14
    15   MR. JUSTICE BELL:  I, quite frankly, think it would be useful to
    16        yourself to make a list -- it would certainly be useful to
    17        me -- and then we can just go through it.
    18
    19   MR. MORRIS:  Yes.
    20
    MR. JUSTICE BELL:  If there are items which I have not ruled on
    22        which you want a ruling on from me, or where it has been
    23        agreed that you should have discovery but there has been no
    24        time limit and you think there should be a time limit, you
    25        can address me on that and I will reach a decision.
    26
    27   MR. MORRIS:  OK, just to say that it also included some
    28        packaging documents that were discussed in December as well
    29        that were specified at that time.  Shall we move on to item
    30        (2)?
    31
    32   MR. JUSTICE BELL:  What I would like you to do is also not just
    33        go through the exercise of deciding what you consider are
    34        relevant documents, first question, but consider what you
    35        think are necessary for the fair disposal of the case and
    36        ask yourselves, as I asked you to ask yourselves when we
    37        were talking about audit forms, what you actually want.
    38        I think you have taken that point on board.  It is not just
    39        a question of what you may be strictly entitled to; it is
    40        what you actually want and think you can cope with in the
         conduct of the litigation.
    42
    43   MR. MORRIS:  Right.  I think I would not want to repeat the
    44        application we made in April last year, but that summed up
    45        all the documents that we thought were relevant on the
    46        issue, but we will make another list.
    47
    48   MR. JUSTICE BELL:  Yes.  Make a new list.
    49
    50   MR. RAMPTON:  My Lord, Mr. Morris and Ms. Steel should in doing 
    51        that have regard to the orders and the rulings which your 
    52        Lordship has already made on a number of occasions after 
    53        hearing argument.  It is not going to benefit Mr. Morris or
    54        Ms. Steel just to go back to the list they made in April,
    55        because my recollection is that in a number of those cases
    56        the application was refused.
    57
    58   MR. JUSTICE BELL:  Put those on the list only if you think,
    59        notwithstanding my refusal, we have had some further
    60        information which -----