Day 079 - 27 Jan 95 - Page 10

     
     1   MS. STEEL:  This admission was, in fact, made after we had
     2        served the statement of Donna Kane with this particular
     3        document attached behind it.  Clearly, the Plaintiffs have
     4        referred to that document in their admission and,
     5        therefore, they are recognising that it is an official
     6        report, so it ought to be allowed, and recognising the
     7        conclusion as well.
     8
     9   MR. JUSTICE BELL:  An official report does not, save in
    10        circumstances, which do not seem to me to apply in this
    11        case, have any other state greater status than any other
    12        document.  I do not know what you are particularly
    13        concerned at at the moment because Mr. Morris told me only
    14        a few moments ago that you do proprose to call someone to
    15        prove these facts.  If when you seek to call such a person
    16        there is an argument about whether you are entitled to in
    17        the light of the admission, I will rule on that.  I have
    18        not reached any conclusion about that.
    19
    20        I can imagine circumstances in which, even though there is
         an admission, I would not limit the evidence you can call,
    22        because some admissions are not entirely clear even when
    23        they follow the pleading which they are admitting.  We have
    24        had that problem in relation to associations and links and
    25        so on in your pleading where there was an admission.  I
    26        certainly was not going to limit any further evidence on
    27        that just because it had been admitted, do you see?
    28
    29        When I have heard argument, I might take that view in
    30        relation to this as well.  I have not actually restricted
    31        your cross-examination about Preston.  At the moment we are
    32        stuck on this document and I have followed the law as
    33        I understand it to be.  You can ask the witness:  "Did this
    34        happen; did that happen?"  If he gives an answer which you
    35        are not happy with, you can ask him to look at parts of a
    36        document and say:  "Having read that, do you want to change
    37        your mind?" or some question like that.
    38
    39        At some stage in the future, if you are not happy with the
    40        evidential situation as it is, you can call your witness or
         argue that the document is admissible in some other way and
    42        we will deal with it.
    43
    44        At the moment we have Mr. Walker in the witness box.
    45
    46   MS. STEEL:   What concerns me is, though, although we can call
    47        the witness about this, it is extra effort and extra money
    48        and it is a waste of time.  Really, it is quite unnecessary
    49        because the Plaintiffs are recognising that it is an
    50        official report and what was concluded. 
    51 
    52   MR. RAMPTON:  I should say that my understanding, in general 
    53        terms -- of course, I accept what your Lordship said about
    54        peculiar exceptions and the business about "link" was
    55        obviously one of them -- I would certainly, as matters
    56        presently stand, object to the evidence being given by any
    57        such person because, in general terms, the effect of an
    58        admission is to exclude any evidence at all from either
    59        side in relation to the matter which is admitted.
    60