Day 172 - 12 Oct 95 - Page 45

     
     1   MR. JUSTICE BELL:  I would hope that, with most of them anyway,
     2        it would be agreed that I should be able to rely on them
     3        from what I ever get out of them, because most of these
     4        cases -- you have had a point to take from it but the
     5        Defendants also have had something which they wanted to get
     6        from it.
     7
     8   MR. RAMPTON:  In many cases both sides take different things
     9        from the same document.
    10
    11   MR. JUSTICE BELL:  A very obvious example is Mr. Fairgrieve's
    12        schedules which he says he takes from surveys.
    13
    14   MR. RAMPTON:  Exactly.  We rely heavily on them because we do
    15        not interpret them, or we do not put the same slant on them
    16        as the Defendants do, and they rely on them for the same
    17        reason.
    18
    19   MR. JUSTICE BELL:  It may be that when we come to frequency of
    20        eating, for instance, they will very much want part of
         Mr. Fairgrieve's surveys to mount an argument which I will
    22        have to consider, just as you will mount a contrary
    23        argument on it, and if I were to say for any reason they
    24        are not admissible you would lose the foundation for your
    25        argument and, equally, Mr. Morris and Ms. Steel would lose
    26        the foundation for theirs.
    27
    28   MR. RAMPTON:  I will say this:  It matters far less to me than
    29        it does to the Defendants because I do not have to prove
    30        anything.
    31
    32   MR. JUSTICE BELL:  Anyway, what I suggest is that the list be
    33        produced and we will take it from there.
    34
    35   MR. RAMPTON:  Very well.  We will get on with it as fast as we
    36        can, but it is time consuming.
    37
    38   MS. STEEL:   I am not entirely sure what Mr. Rampton is talking
    39        about, but he did keep making, it sounded as though we are
    40        likely to take technical objections and, in my experience,
         it is Mr. Rampton who takes the technical objection.
    42
    43   MR. JUSTICE BELL:  I have raised this time and time again
    44        because I am concerned that we do not get to the end of the
    45        case, get to speeches and everyone has spent a lot of time
    46        thinking what conclusions can be drawn from a survey or a
    47        computer print-out, and then someone on one side or another
    48        says, "Well, that has not been proved; it cannot be taken
    49        into account at all".  It is just as well we have it
    50        thrashed out while there is time to do something about it 
    51        if there is a dispute about admissibility.  It is my 
    52        concern which has brought it into the picture. 
    53
    54   MR. MORRIS:  Yes.
    55
    56   MR. JUSTICE BELL:  Do you want to read Mr. Magill?
    57
    58   MR. MORRIS:  Yes, I will.  I will read the cover letter as
    59        well:  "Dear Dave Morris, This letter is to confirm that
    60        during November 1987 I made a 12 page statement plus a four