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?