Day 191 - 24 Nov 95 - Page 14

     
     1        relevant ruling provided, of course, they exist.
     2
     3   MR. MORRIS:  So those documents would be covered in your ruling,
     4        if they have documents recording the tripping out of the
     5        vats and the grill?
     6
     7   MR. JUSTICE BELL:  I would have to look back at the ruling.  All
     8        I am saying is you have to read the ruling again.  If
     9        I said that those documents were to be disclosed, they have
    10        to be disclosed if they exist.
    11
    12   MR. MORRIS:  Yes, they would clearly be relevant.
    13
    14   MR. JUSTICE BELL:  I have limited discovery in relation to
    15        Bath.  Putting it very broadly, I ordered less disclosure
    16        in some areas than you were asking for, although I actually
    17        ordered more in some areas than you contended for
    18        ultimately.  I ordered more disclosure than Mr. Rampton
    19        argued was, in fact, necessary for the fair disposal of the
    20        case.  But what you must do is reread my ruling.
    21
    22        I am sure Mr. Rampton and Mrs. Brinley-Codd have read it
    23        with all the care which is required to give their clients
    24        appropriate advice, and you must assume that it is the
    25        Defendants' (sic) case that any document which is mentioned
    26        by me as disclosable which has not, in fact, been disclosed
    27        is no longer available.  What argument you mount on that
    28        lack of availability is entirely a matter for you, but you
    29        can assume that that is the position.
    30
    31        In the best ordered worlds, it is said that the document
    32        does not exist or is no longer available and then, low and
    33        behold, it turns up.  Whether that is sinister or innocent
    34        may have to be decided in certain circumstances, but until
    35        it turns up you can assume that the Defendants (sic) are
    36        saying, if I said it should be disclosed and it has not
    37        been, that it no longer exists, or can no longer be found.
    38
    39   MR. RAMPTON:  Your Lordship twice said "Defendants"; I hope it
    40        was not a Freudian slip!
    41
    42   MR. JUSTICE BELL:  I would take it easy about that because, at
    43        the end of the day, by some time next year we are going to
    44        have quite a lot of evidence about Bath, and whether the
    45        appearance or disappearance of a document here or a
    46        document there is going to make any difference, we will
    47        just have to wait and see.
    48
    49   MR. MORRIS:  If I can bring up a couple of scheduling matters?
    50        Just looking at Mr. Rampton's draft schedule, there are a 
    51        couple of points I want to make.  Has everyone got a copy? 
    52 
    53   MR. JUSTICE BELL:  Yes, I have my copy.  I have written in
    54        Mr. Cranna on the 12th.
    55
    56   MR. MORRIS:  Yes.  Mr. Rampton has put "12th and 13th Judge
    57        away", but I thought it was 13th and 14th.
    58
    59   MR. RAMPTON:  I had to redo it because of Mr. Cranna.
    60