Day 106 - 23 Mar 95 - Page 33
1 relation to that is relevant, quite apart from any other
2 issue which might go to discovery, you really, I think,
3 have to seek to demonstrate it with Mr. North. If you are
4 going to argue in due course: "It really is important to
5 see this document, it is relevant for these reasons", quite
6 apart from any question as to whether it is in the power of
7 either of the Plaintiffs, you have to lay some ground in
8 relation to that. I suggest you bear that in mind as you
9 take Mr. North through his evidence about the visits.
10
11 MR. RAMPTON: My Lord, I do not know whether this helps, it has
12 just occurred to me; there is now in the bundles and
13 recently disclosed a large amount of documentation showing
14 the results of microbiological testing at McKey, at Sun
15 Valley and at the Bristol Laboratories on behalf of
16 Jarrett. I have assumed that Mr. North has been shown all
17 of that by the Defendants. Perhaps the right approach
18 might be, I do not know, that the Defendants to ask
19 Mr. North whether there is anything else that he needs in
20 order to express an opinion.
21
22 MR. JUSTICE BELL: How you go about it is up to you. That is a
23 helpful suggestion if Mr. North has actually seen it. If
24 he has not seen it, he really should have done or should
25 see it because, quite apart from anything else, you might
26 want to ask him questions about it or he might have
27 evidence which it is useful to give in relation to it,
28 quite apart from the point I have just sought to make,
29 which is whether there is any other documentation which is
30 relevant and might be helpful.
31
32 You see, we have got past the stage now where you are just
33 quizzing, as it were, the Plaintiffs' witnesses and seeking
34 support for your case in one aspect or another by that
35 means. You have got a witness whom you have called into
36 the witness box who might be able to, I do not know,
37 further your case in some respect or other on the basis of
38 the documents or by suggestions as to what, if any, other
39 documents might help.
40
41 MR. MORRIS: To be honest, I cannot even recall what I have sent
42 to Mr. North and what I have not, because the documents
43 have been coming in dribs and drabs over a long period of
44 time. The documents that were key documents as regards
45 McKey's, we still have not got and they were meant to be
46 here before Mr. North gave evidence.
47
48 MR. RAMPTON: My Lord, the Defendants have them. They have
49 received a letter this morning in response to a letter
50 yesterday from Mr. North. Your Lordship has not a copy of
51 that. May I just hand it up to your Lordship?
52
53 MR. JUSTICE BELL: I have seen that, I think.
54
55 MR. MORRIS: That is not the documents that were sought and
56 discussed in court
57
58 MR. JUSTICE BELL: Just listen for a moment. What I am really
59 saying is I think that you may -- no, I have not seen that
60 one. The ones I saw were dated 22nd March. Please sit
