Day 275 - 08 Jul 96 - Page 05
1 MR. JUSTICE BELL: In the yellow files, not the pink files.
2
3 MR. MORRIS: Yes, I am sorry, yes. In the first, in the yellow
4 files which I have got first.
5
6 MR. JUSTICE BELL: Yes.
7
8 MR. MORRIS: Then, I mean, an example here that there was a
9 series of documents that I have remembered, I have not
10 checked them, which were hygiene results, you may remember,
11 with scores A to E which the Plaintiffs have not put on
12 their list and, obviously, that was an important document
13 that our witnesses considered significant failures in
14 hygiene.
15
16 MR. RAMPTON: That is number 43 to 45 on this page.
17
18 MR. MORRIS: I have not got a whole page then.
19
20 MR. JUSTICE BELL: It is on page 4.
21
22 MR. MORRIS: Sorry, I did not get that page in the fax.
23
24 MR. JUSTICE BELL: I have a suggestion to make. Just pause for
25 a moment, Mr. Morris. Mr. Rampton, do you have anything
26 particular to say?
27
28 MR. RAMPTON: Well, it is difficult when I do not know what is
29 on your Lordship's mind, but I find it easier to--
30
31 MR. JUSTICE BELL: I will tell you what is in my mind. The
32 first thing is this, that the formal position is that even
33 if I wanted to there is no way I can put pressure on Miss
34 Steel or Mr. Morris to admit the documents. In other
35 circumstances there might be sanctions as to costs, but
36 they are useless in this case. Although it might be said
37 quite sensibly you have waited in the hope that Miss Steel
38 and Mr. Morris will agree the documents, the fact is in
39 reality you have been facing the possibility that they
40 might not be admitted, that there is absolutely no
41 effective sanction for non-admission so that you may have
42 to prove those which you are sufficiently interested in to
43 want to prove.
44
45 MR. RAMPTON: We are conscious of that, my Lord, yes.
46
47 MR. JUSTICE BELL: It was when I rationalised it in that way
48 that I rather changed my view about the time that you would
49 be given to call evidence. That is the formal side.
50 Nevertheless, one has got to look to be productive. I had
51 it in mind that if either Miss Steel or Mr. Morris are
52 going to be in the witness box for some time, not
53 necessarily very many days but some time, considering the
54 particular pressures which they might be thought to be
55 under I might be prepared to finish sitting each day a
56 little earlier than we might normally do. I have it in
57 mind to rise very early, it might be four rather than half
58 past or something of that kind. But in the light of what
59 Mr. Morris has said, might it be more productive if I rose
60 at, say, quarter to four on each day, and Mr. Atkinson is
