Day 148 - 05 Jul 95 - Page 16
1 had, there may be sections in it which are not only
2 irrelevant (about which I mind not very much at all except
3 it will waste time) but which may be commercially
4 sensitive. That is why I would like the chance to review
5 it.
6
7 I have listened carefully to what Ms. Steel says and I do
8 think there is some force in some of the things she has
9 said. I do not know whether she is right, but they sound
10 convincing to me, and I would like the opportunity to go
11 through it again, see whether in the light of the evidence
12 which has been given we ought to be giving more. I dare
13 say we ought now, but I would exclude from the revised
14 discovery anything which is both irrelevant and
15 commercially sensitive.
16
17 MR. JUSTICE BELL: What I would invite you to do -- I say "you",
18 someone to do -- is think about this again. If there is
19 any objection to disclosing any part of it, to be prepared
20 to tell me why that should be so.
21
22 MR. RAMPTON: My Lord, certainly. There are bound to be things
23 about, for example, custody and safety which I would not
24 disclose anyway.
25
26 MR. JUSTICE BELL: You volunteered that the matter will be
27 reconsidered.
28
29 MR. RAMPTON: Yes, I think it should be.
30
31 MR. JUSTICE BELL: What I am really saying is when it is
32 reconsidered and you come with an answer -- you have
33 already grappled with it obviously -----
34
35 MR. RAMPTON: It was a long time ago.
36
37 MR. JUSTICE BELL: It is one thing to say it is irrelevant.
38 About that I might say, well, I think it is in the
39 interests of everyone that even though you say it is
40 irrelevant it be disclosed. Then we can see what is
41 relevant or not, painting, admittedly, with a broad brush
42 (which I know is a phrase I am rather fond of). If you are
43 saying, well, it is not only relative but it is
44 commercially sensitive, then be prepared, without obviously
45 going into any detail, to say why that should be so.
46
47 MR. RAMPTON: I will indicate the area or the reasons without
48 going to any detail but, my Lord, take customer safety as
49 an example, I honestly cannot remember, but there are bound
50 to be sections in the Operations and Training manual about
51 customer safety. For all that the Defendants might love to
52 see it, I would not contemplate disclosing that document.
53
54 MR. JUSTICE BELL: No. What I suggest is we leave it there
55 because you are going to reconsider the matter.
56
57 MR. RAMPTON: I am going to -- perhaps I said that too soon.
58
59 MR. JUSTICE BELL: Although the Court of Appeal has said
60 recently that disclosing parts of documents is all right in
