Day 048 - 08 Nov 94 - Page 64
1
2 MR. MORRIS: Well yes, but as far as I understood it, if the
3 Statement of Claim was amended, we would then have a quite
4 dramatic development, as we would see it, that would
5 necessitate both cross examining the plaintiffs' witnesses
6 and examining or re-examining our own witnesses on the new
7 position. So I don't know that we would be ready, even if
8 we did have the argument successfully. I mean, it was
9 dealt with before that time which we are not happy with
10 anyway, we don't think it's enough time, but even if it was
11 before that time I don't know if we would be ready for
12 that, if that is what we are able to do or we should do.
13
14 MR. JUSTICE BELL: What I suggest we do is, we have at some stage
15 the question of amendment. If need to amend is granted in
16 whatever terms, you can think to what extent you feel you
17 need to ask Professor Crawford further questions. I may
18 well have missed something. I can't myself think of what
19 you might want to ask him further in examination in chief
20 because he spoke really in quite positive terms, but you
21 may well have thought of something which I have not thought
22 of, so I will certainly give you the opportunity to deal
23 with that.
24
25 MS. STEEL: I think obviously we would have to spend some time
26 going through the transcripts of Mr. Crawford's evidence in
27 chief.
28
29 MR. JUSTICE BELL: It was not just whether the plaintiffs obtain
30 leave to amend in respect of that. It was, you will
31 remember, whether in the course of the argument, because
32 argument often focuses often ones mind on aspects which one
33 hasn't thought about, whether that turned up something else
34 that you wanted to ask Professor Crawford about. The
35 longest discussions we have had in this case have all been
36 on a hypothetical basis, so I would like to deal at an
37 appropriate time with the question of the amendment to the
38 Statement of Claim. If I give leave to the plaintiffs to
39 amend in any respect in relation to nutrition, I will give
40 you time to think about the consequences so far as
41 witnesses are concerned.
42
43 MR. MORRIS: I mean, you see there is also the concern or the
44 issue that if the Statement of Claim, leave to amend is
45 granted, the issues raised of whether the plaintiffs'
46 witnesses should be recalled before our witnesses are
47 further examined - sorry, cross-examined on the new
48 Statement of Claim.
49
50 MR. JUSTICE BELL: Well, I do not think it is particularly useful
51 to talk in these hypothetical terms. I mean, just to give
52 you an example. If I did grant the plaintiffs leave, that
53 might be just because I thought that it is better that the
54 matter is out in the open and what the issues are are
55 clarified so one can focus on them, it might or might not
56 be because I had reached a view, if I did reach a view,
57 that everyone had, in fact, been treated, linked with as
58 meaning causally linked with. I don't know. We have not
59 had the argument yet. So I think it is rather unproductive
60 to start worrying about what the consequences are until I
