Day 244 - 03 May 96 - Page 13

     
     1
     2   MR. MORRIS:  It saves calling Mr. Clarke because Dr. North is
     3        prepared to accept this report and he put that in his
     4        statement, but he was asked to do further statements about
     5        pesticides and E.Coli.
     6
     7   MR. RAMPTON: No, my Lord, that is not right.  He was asked to do
     8        a further statement about pesticide and hormone residue and
     9        he was asked to give his comments on, as it were, the
    10        conclusions, which he, as an expert, might draw from what
    11        had happened at Preston in 1991 and that is all.  He has
    12        given his evidence on general aspects of the risk of food
    13        poisoning and I do not believe it proper for Mr. Morris, as
    14        your Lordship has said, to drag out a whole lot of new
    15        stuff without any notice to me whatsoever
    16
    17   MS. STEEL:  But Preston is about E.Coli.
    18
    19   MR. JUSTICE BELL:  As I recall it, what happened was we had all
    20        the arguments which kept cropping up about the extent to
         which the PHLS Report on Preston could be introduced.  It
    22        was thought, and indeed the statement which you have just
    23        read of Dr. North shows it to be so, that it would be
    24        easier by far if you went away, read the report rather than
    25        having to read any of it out in court, which we were, in
    26        accordance with the rules of procedure, avoiding and then
    27        give his opinions on it which he has done.
    28
    29   MS. STEEL:  As I recall it, Dr. North was going to do a report
    30        on the implications of the Preston incident for the rest of
    31        the company's stores throughout the UK which obviously this
    32        is relevant to.
    33
    34   MR. JUSTICE BELL:  Do you wish to change any of the evidence you
    35        gave last time on the generalities of food hygiene cooking
    36        and so on?
    37        A.  No, my Lord.
    38
    39   Q.   No.  Thank you.
    40
    MR. MORRIS:  This report came out since I think Dr. North gave
    42        his evidence.  That is why the report is significant.
    43
    44   MR. JUSTICE BELL:  The right way to approach it, as you must
    45        know by now, is to have a fresh statement which raises
    46        these matters in advance because there has been some move
    47        forward, either in science or appreciation of science,
    48        which you want to bring out in court.  The right way to go
    49        about it is to give proper notice of it.
    50 
    51   MR. MORRIS:  He did refer to it. 
    52 
    53   MR. JUSTICE BELL:  But that does not draw one's attention to a
    54        specific point which is being made on it.
    55
    56   MS. STEEL:  The Plaintiffs are hardly taken unawares bearing in
    57        mind that their own witness did make these very criticisms
    58        about the food not being cooked for long enough, so
    59        I hardly think that they can be in a position where they
    60        are not able to cross-examine Dr. North concerning this.