Day 072 - 12 Jan 95 - Page 02

     
     1                                                12th January 1994.
     2
     3   MR. JUSTICE BELL:  Do you want to take your point now or carry
     4        on with the evidence or what?
     5
     6   MR. MORRIS:  It may be helpful to make the point now; obviously,
     7        it would be helpful if we win the application to have the
     8        documents.
     9
    10   MR. JUSTICE BELL:  I think if Mr. Stump wanted to go and sit
    11        down somewhere at the back.
    12
    13   MR. MORRIS:  Is it possible Mr. Stump can leave the room?
    14
    15   MR. JUSTICE BELL:  Yes, certainly.
    16
    17                        (The witness withdrew)
    18
    19   MR. RAMPTON:  My Lord, before Mr. Morris begins, I would like to
    20        hand in, if I may, copies of GE Capital Corporate Finance
    21        Group v. Bankers Trust Company & Others.  As far as I am
    22        able to tell, it has not been yet reported in any of the
    23        series of law reports apart from The Times law reports.
    24        This is, as it were, the formalised version of the
    25        newspaper law report, my Lord.
    26
    27   MR. JUSTICE BELL:  I do actually have -- I am never quite sure
    28        about the legality of this because they are all Crown
    29        copyright -- photocopies of transcripts of the handed down
    30        judgments as approved by the court.
    31
    32   MR. RAMPTON:  It is entirely a matter for your Lordship.  The
    33        report in The Times law reports appears to be pretty full.
    34
    35   MR. JUSTICE BELL:  It is accurate by my comparison in all
    36        essential features.
    37
    38   MR. RAMPTON:  Yes.  It may lack some detail on the facts, I dare
    39        say, I do not know.  If that is so, then it is perhaps
    40        better if we use The Times law report.
    41
    42        My Lord, the other thing is this:  Your Lordship asked if
    43        we could produce, if we could, more legible copies of the
    44        documents in pink bundle V.  Mrs. Brinley-Codd has done
    45        that, except for the first document which is legible
    46        anyway.  Two things to be said about it.  First of all, she
    47        has not had time to paginate them, so if one keeps them by,
    48        as it were, as clipped possibly substitutes, one can just
    49        put them into the file as required.
    50 
    51        The second caveat is this, that Mrs. Brinley-Codd made that 
    52        small bundle using the original versions in her office 
    53        which had been blanked out at some stage.  It is just
    54        conceivable that the blanking out is not identical with
    55        what is in our files.  If that should turn out to be so,
    56        and it should be found that these new documents contain
    57        irrelevant material which has not been blanked out, the
    58        Defendants should not suppose from that we make any
    59        concession on the principle enunciated in the GE Capital
    60        case.