Day 275 - 08 Jul 96 - Page 04
1 the action or whatever is being prepared and hopefully will
2 be ready by the end of the week. So if we give the
3 Plaintiffs 24 hours notice it could be done any time,
4 hopefully, from the end of this week onwards, the
5 application made. We have had some advice on it and we
6 have given the relevant passage when you made your summary
7 of what we should do to the person who is helping us.
8
9 Regarding the documents list if I can explain what the
10 situation is at the moment? I have had a chance to look
11 through it but not to look through the original documents.
12 But I have looked through the whole list. Some of the
13 documents present no problem. It appears to me Helen has
14 not had a chance to look through this because she has been
15 concerned with other matters, but there is still a little
16 bit of confusion in my mind with what we are exactly
17 agreeing with. But I think that that can be probably
18 largely covered with some kind of, what we might say,
19 clause, at the beginning of any acceptance, such as "we
20 accept the tables in the following documents", or
21 whatever. But because of the wide range of documents that
22 are being asked to be accepted, there is not really one
23 catch-all phrase that can cover every document. So we want
24 to be careful what exactly it is we are, if we are,
25 accepting in these documents as evidence of the facts.
26
27 So, that is the first thing, we are not quite clear
28 again what we are accepting and not accepting in these
29 documents. Obviously, the commentary and the analysis we
30 may not be accepting. So, that is that. I mean, I have
31 looked through the list and about half of them seem to me
32 to present no problem and about half of the rest I doubt my
33 ability to be able to find them without some quite
34 substantial effort because of my chaotic filing system,
35 which I was going to sort out at the end of the evidence,
36 or lack of filing system.
37
38 The other thing that struck me that might be helpful,
39 is if I had access to the witness files bundles. Maybe
40 when the evidence is finished I could come into court and
41 actually look through the documents from the witness files
42 which would be the same, presumably, as those identified in
43 this list. So, I mean, the general thing I have to say is
44 that I am able to do this job if I can have access to the
45 witness files and if I have some time. But I think most of
46 the documents will not present a problem as long as I can
47 delimit what it is I am accepting and not accepting rather
48 than just accept the whole document.
49
50 The job that is crying out to be done, and that will
51 take a substantial amount of time of course, is identifying
52 documents that have not appeared on the list. I will give
53 an example of that. Take, for example, if you look at
54 documents 38 to 40 of Keith Bone.
55
56 MR. JUSTICE BELL: Of what?
57
58 MR. MORRIS: It is under Keith Bone. It is on page 3 of the
59 list of documents. It is documents 38 to 40.
60
