Day 041 - 28 Oct 94 - Page 25
1
2 MR. MORRIS: We do not have to make an application for our
3 strict legal rights as long as we are getting copies of all
4 documents and there is no problem. I do not think an extra
5 video of £5 is going to make -----
6
7 MR. JUSTICE BELL: I am hoping to avoid that. My point is, if
8 you say you want your strict legal rights, you may find
9 that your strict legal right -- I do not know; I would have
10 to look it up again -- does not go any further than being
11 entitled to go to Barlows, be shown a document and take a
12 copy of it at your own expense. Do you see?
13
14 MS. STEEL: So what would be the position if we wanted to refer
15 to some documents that we have not served? Would the
16 Plaintiffs have to come over to our houses and make copies
17 there?
18
19 MR. JUSTICE BELL: They would be entitled to a sight and to take
20 copies at their own expense; it would probably involve
21 borrowing it, copying it and taking it back. One only has
22 to discuss it in this way to see how, within minutes, we
23 would get completely bogged down. That is why I am trying
24 to find a course which does not unduly prejudice either
25 side and is convenient rather than the strict entitlement
26 position. Do you understand?
27
28 MR. MORRIS: Yes, we have taken the position that every document
29 we have that is relevant is served on the Plaintiffs.
30
31 MR. JUSTICE BELL: Yes, quite right. I do not want to get
32 bogged down. If all the parties start standing on their
33 rights, we will not make any progress at all. So, have
34 your discussion during the mid-day break -- I will make it
35 a little longer than it would otherwise be; we will break
36 off about 1.00 and come back at about ten past two -- then
37 if there really is a difficulty -----
38
39 MS. STEEL: We would also urge the Plaintiffs to ensure that --
40 this has come up before -- the documents that are put to
41 the court in the trial bundles are the same as the ones
42 that have been served, and also that new ones do not appear
43 as in the adult video without having been served at a
44 previous time.
45
46 MR. JUSTICE BELL: Let us stick to this witness and what is
47 relevant to Mr. Hawkes at the moment. We are going to have
48 a day in the not too distant future when we are going to
49 deal with various interlocutory matters, including the
50 question of the amendment, and so on. If you have matters
51 like this which can wait until then, I would urge you to
52 make a list of them and then we will have an interlocutory
53 day, or something, to find what the solution is.
54
55 MR. RAMPTON (To the witness): Mr. Hawkes, now I expect your
56 memory extends backwards to those few moments when we were
57 looking at those videos. I would like to ask three things
58 about it. First of all, one notices from a number of them,
59 both the children's ones and the adults' ones, that there
60 is some kind of promotion, special offer, happy something
