Day 041 - 28 Oct 94 - Page 24
1
2 Q. Would it be nearer what we saw in colour than what we could
3 see in black and white of some other film which had been on
4 the tape, presumably? Did you see, when Mr. Hill turned
5 off yours, there was something going on in the background?
6 A. Yes.
7
8 Q. It would be better quality than that, would it, a copy?
9 A. Oh, the copy would, yes.
10
11 Q. Much nearer to what we saw of your colour ads?
12 A. Yes.
13
14 Q. It is a London advertising agency?
15 A. Yes, it is.
16
17 MR. JUSTICE BELL: That may be a way forward, Mr. Rampton.
18
19 MR. RAMPTON: Yes. We could do a trial run and see what the
20 quality was. Mr. Hawkes ----
21
22 MR. MORRIS: I am a bit concerned about -- I know that we do not
23 want to have legal argument now about discovery -- but I am
24 very concerned about the implication that the Plaintiffs
25 have the right to choose which Defendant to serve which
26 documents on that are relevant.
27
28 My understanding is that both Defendants have an equal
29 right to see and have all relevant documents that the
30 Plaintiffs wish to put before the court or that exist. The
31 problem is not just having the documents, but having the
32 confidence, if I have not been served a document, that
33 I know, for example, if I get a document served on me, do
34 I have to check with Helen that she has got exactly the
35 same document? It is ridiculous. Obviously, it is a
36 completely administrative nightmare if we do not have the
37 same documents each.
38
39 MR. JUSTICE BELL: Just pause for a moment, because if we go
40 back to what the strict position is, what the strict
41 entitlement is, subject to any order which Mr. Justice
42 Drake may have made -- and I am not familiar with that;
43 I have seen mention of it somewhere and it has been
44 mentioned in court to me somewhere, but I am not
45 particularly acquainted with that -- I would have to
46 refresh my memory (with Mr. Rampton's help no doubt) of
47 what your strict entitlement is. But it might be found
48 that your strict entitlement is not to be served with
49 copies, but to be given sight of the original and the
50 entitlement to copy it yourself, if you choose. I cannot
51 remember whether that is accurately what the position is.
52 I would have to look it up again.
53
54 So, all I am asking is, be wary of going back to strict
55 entitlement or you may find you are not entitled to be
56 given a copy of anything, subject to Mr. Justice Drake's
57 order. What I am trying to do is not get bogged down in
58 strict legal rights, but just to come to a solution which
59 enables this case to move forward without any prejudice to
60 either side.
