Day 110 - 29 Mar 95 - Page 17
1 out by then, and people do not necessarily write back
2 within two weeks just because they are being asked to. It
3 might be ----
4
5 MR. MORRIS: Obviously, I have spoken to some on the phone.
6 They have certainly said they will be coming, but whether
7 they fill in the forms is another point really.
8
9 MR. JUSTICE BELL: When will you be able to argue Brazil, the
10 amendments you want there?
11
12 MR. MORRIS: I had actually forgotten about that. The Brazilian
13 amendment, what is the situation at the moment?
14
15 MR. JUSTICE BELL: The situation is that I wanted you to be able
16 to give me some chapter and verse of the basis upon which
17 you could seek leave to amend. I have not the paper
18 immediately to hand.
19
20 MR. MORRIS: We do not know what the Plaintiffs intend, how long
21 they intend to spend on John Bruton, but we are hoping he
22 may be finished within a day. We are hoping to finish his
23 examination-in-chief by lunch time, so Friday may be a
24 useful day for any outstanding legal matters next week.
25
26 MR. JUSTICE BELL: I did my best when we were last discussing
27 Brazil -- I cannot remember which day it was -- to get on
28 to the transcript some indication of what I thought we
29 ought to be prepared for. You will remember we had a
30 discussion on whether you wanted to argue it then or have
31 some time so that you could get prepared for the argument.
32 I suggested you would be better to take the latter course.
33
34 There was not any pressing need to decide it then because
35 it relates to tab 1, the evidence on which is still some
36 little way away. But it is important not to let it
37 disappear, firstly, because, just as a matter of general
38 principle, the sooner we know whether Brazil has come into
39 the issues in the case and in what form beyond its present
40 very limited part, the better and, secondly in case there
41 are any ramifications so far as discovery is concerned.
42
43 It does not have to be done at the end of next week, but
44 what I do not know want to do is be deciding it when the
45 evidence is imminent, and someone saying: "Oh, well, we
46 ought to have discovery of this kind of document or that
47 kind of document".
48
49 MR. MORRIS: I suppose, knowing the length of time the
50 Plaintiffs take to find documents, it might be useful to
51 get it outlined before Easter, really, to give
52 them -- Helen suggests that maybe we could leave it until
53 after Easter.
54
55 MR. JUSTICE BELL: What I think you should do is track down in
56 the transcript the discussion we had. If anyone in court
57 can actually remember when it was so I can read it myself,
58 but the discussion went on for some time. If I find it
59 during today or before the end of this week, I will remind
60 you of where it was.
