Day 099 - 08 Mar 95 - Page 04
1 MS. STEEL: Can I just say, Mr. Rampton is making a big fuss of
2 it. There was a video brought in during cross-examination
3 of Miss Gallatley which we did not even get a chance to
4 speak to her about before it was shown. I did say to
5 Mrs. Brinley-Codd last night that either there could be
6 some arrangement where -- well, I suggested getting a copy
7 to Mr. Pattison or that he should see it, but also the
8 possibility that we could just show the video and question
9 Mr. Pattison about it and, if necessary, if Mr. Rampton
10 wants to speak to him about it after that, then that is
11 fine.
12
13 MR. JUSTICE BELL: No, the Plaintiffs should be able to show the
14 video to a witness of theirs and take instructions from the
15 witness, obtain information relating to the video ------
16
17 MS. STEEL: I am not going to object to that. However, I would
18 note that that did not happen when the Plaintiffs wanted to
19 show a video to our witnesses.
20
21 MR. JUSTICE BELL: Very well, but whatever be the situation
22 about that, it has been raised now and I make the same
23 comment as I did before, to the effect that either party
24 should be entitled to take instructions on any document or
25 video which is disclosed late, for whatever reason, before
26 they are asked any questions about it. As we have a break
27 in Dr. Pattison's evidence, I can see no objection to him
28 being shown the video by the Plaintiffs' solicitors and
29 being asked what, if anything, he has to say about it
30 before he returns to the witness box.
31
32 In fact, I think it is probably only of academic interest,
33 but I will mention it in case it arises in the future, from
34 time to time, when we have had a discussion as to whether
35 documents can be put to a witness for the first time in the
36 witness box, produced, as it were, for the first time and
37 put, Mr. Rampton has said that that is not so unless they
38 are to be challenged as to credit on the strength of the
39 document.
40
41 I am not even sure that our law in its present state allows
42 that. I say it for this reason. I am not expressing
43 anything like a final view. In personal injuries cases,
44 for example, where the defendant thinks that the Plaintiff
45 may be purporting to have a continuing disability which he
46 or she does not have, videos are sometimes taken by enquiry
47 agents. So, you have people who whenever they are examined
48 are hobbling around on a stick, very occasionally are
49 filmed running for a bus when they do not realise that they
50 are being filmed.
51
52 Until not so very long ago, it was thought to be valid to
53 produce a video to that effect for the first time in court
54 without giving any warning to those who represented the
55 Plaintiffs. There have been recent decisions at first
56 instance and in the Court of Appeal which have suggested
57 that is not so.
58
59 That goes entirely to credit. The court has, in fact, said
60 in cases, nevertheless, unless the leave of the court is
