Day 114 - 04 Apr 95 - Page 08


     
     1        and see where we get to on that, partly because I have a
     2        shrewd suspicion that we will take more time trying to
     3        argue the relevance of any possible reference now than
     4        letting Mr. Morris take his course and deciding what is
     5        admissible and relevant in the future.
     6
     7        So, I propose to let Mr. Morris go ahead with this.  I will
     8        listen to anything you, Mr. Rampton, have to say at the end
     9        of examination-in-chief.  It may be when you have heard the
    10        evidence that this dispute will fade away for the time
    11        being and we will just have to see.
    12
    13   MR. RAMPTON:  One thing I really do not want to have to do for
    14        all sorts reasons, including the convenience of the
    15        witness, is ask that his cross-examination, like Ms. Hovi
    16        for similar reasons, has for a large part to be deferred.
    17
    18   MR. JUSTICE BELL:  You may not have to do that.  We will just
    19        have to see at the end of the time.
    20
    21        Mr. Morris, I can see that you can use the document as a
    22        prompt which is what I really think you want to do for any
    23        evidence of fact or opinion which the witness wants to
    24        give.  I am prepared to let you do that, but if you were
    25        counsel I, quite frankly, would not, because I think you
    26        are having difficulty understanding the point I have made
    27        in relation to it.  I really think it is fruitless arguing
    28        about it.  So you get on with it.  Have you got many
    29        references in it you want to refer to?
    30
    31   MR. MORRIS:  Bearing the mind the discussion, I will try to keep
    32        the references to a minimum.  No-one would have been more
    33        pleased than myself to get this document before; it would
    34        have saved me time yesterday.
    35
    36   MR. JUSTICE BELL:  What is said in the document may be relevant
    37        to the averment which is made in that subparagraph of the
    38        leaflet.  In so far as reference to part of it prompts
    39        Dr. Long to say:  "I have seen that with my own eyes", then
    40        I have his evidence of fact in relation to it.
    41
    42        The report is not evidence of that fact in itself.  In so
    43        far as an opinion is expressed in the report which prompts
    44        Dr. Long to say:  "I hold that opinion myself", then he is
    45        entitled to say that.  At the end of the day, I have to see
    46        what I make of his opinions, just as I have to see what
    47        I make of his evidence of fact.
    48
    49   MR. MORRIS:  I am not unsympathetic to Mr. Rampton's concern
    50        about not having seen the document and needing time to read 
    51        it through.  But that also applied to me and Mr. Gregory 
    52        did refer to it, so I think that the Plaintiffs could have 
    53        if they thought it was important -----
    54
    55   MR. JUSTICE BELL:  Let us end the discussion now because it is
    56        only taking up unnecessary time.  I will keep this separate
    57        because if I can at some stage be produced with
    58        supplementary documents, folder 6, I would be grateful, and
    59        I will put it in there.  I do not want to stick it in the
    60        back of what I have already.  Yes?

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