Day 206 - 22 Jan 96 - Page 36

     
     1   MR. RAMPTON:   Yes.
     2
     3   MR. JUSTICE BELL:  Would you argue it -- were the preconditions
     4        for getting that in observed?
     5
     6   MR. RAMPTON:  I cannot remember, but I doubt it.
     7
     8   MR. JUSTICE BELL:  It needs some inquiry.
     9
    10   MR. RAMPTON:  It does.  My Lord, can I say this too, in the half
    11        a minute that no longer remains to me: Mrs. Brindley-Codd
    12        and I, as your Lordship knows, now with the assistance of
    13        Mr. Atkinson -- which is one reason he is not here now --
    14        are very near completing a list of all the documents in the
    15        case that we want to rely on as evidence of the truth of
    16        the facts stated in it.  That will not, I should not think,
    17        contain any newspaper articles; in fact, I am sure it does
    18        not.  We will give it to the Defendants, and of course we
    19        will give a copy to your Lordship, in the first instance,
    20        with the object that the Defendants should say whether or
         not (if at all) they object to our relying on the contents
    22        of those documents as evidence of the truth.
    23
    24        For their part, they should do the same exercise, because
    25        it is by that route that one finds whether or not there are
    26        evidential difficulties about something one wants to rely
    27        on.  If there are, but both sides say, "Well, we do not
    28        mind, we waive the technicalities", and, by consent, we
    29        will say to your Lordship: "Yes, take this as evidence, not
    30        conclusive, but as prima facie evidence of the fact", then
    31        that avoids all the difficulties.
    32
    33        What we are proposing to do is to ensure that in relation
    34        to each of the documents which would be on our list we know
    35        how, if we had to, we would prove them strictly.
    36
    37   MR. JUSTICE BELL:  Yes, very well.
    38
    39   MS. STEEL:  I was just going to say something.  That raises
    40        enormous practical difficulties if we are being expected to
         do the same as what the Plaintiffs are doing.  They are
    42        saying that that is why Mr. Atkinson is not here today.  We
    43        do not have that option; we have to be here; and it would
    44        be an absolutely -- well, it would be a completely
    45        impossible task, to be honest.
    46
    47   MR. JUSTICE BELL:  What I suggest you do is see Mr. Rampton's
    48        list.  I can see the burden in doing on your side what
    49        Mr. Rampton is proposing to do on his, and lack of time may
    50        be an insurmountable hurdle so far as that is concerned. 
    51        Setting about doing it, at least in relation to the 
    52        documents which you think are particularly important, has 
    53        this advantage, that you know in advance if Mr. Rampton is
    54        going to take any objection to it, rather than finding out
    55        at the end of the case, when we are on submissions and you
    56        refer to a document as evidence of such and such, that Mr.
    57        Rampton has an objection which, I do not know, may turn out
    58        to be sound in law.  So that is the only point I make.
    59
    60   MR. RAMPTON:  Can I add one thought to that?  The object of the