Day 205 - 17 Jan 96 - Page 41


     
     1        statement, Dr. North on residues, Dr. Millstone on
     2        hyperactivity and Mr. Maynprise with regard to what he says
     3        he overheard Mr. Ballantyne saying, are all matters which
     4        he has only just been given, and that he needs some time to
     5        read them and consider the Plaintiff's position before
     6        arguing them, if there is an argument.  That seems to me to
     7        be a reasonable request and I have suggested ---
     8
     9   MR. MORRIS:  No problem with that.
    10
    11   MR. JUSTICE BELL:  -- they go to Monday.  The same applies to
    12        Mr. Rensi with this gloss, that you have brought
    13        Mr. Rampton's attention for the first time to the possible
    14        existence of a video which may be disclosable if it is
    15        relevant.  Obviously, Mr. Rampton has to make some
    16        enquiries about it before he can decide what his stand is
    17        in relation to it.
    18
    19   MR. MORRIS:  As regards the discussion.
    20
    21   MR. JUSTICE BELL:  We cannot do the video on Monday.  We can,
    22        hopefully, deal with the question of Civil Evidence Act
    23        notice as to the quotes ---
    24
    25   MR. MORRIS:  Yes.
    26
    27   MR. JUSTICE BELL:  -- in the newspaper article.  I have a
    28        reservation about quotes in newspaper articles because it
    29        is one thing where you call a witness like -- I have
    30        forgotten his name now, I regret to say, who went to Moscow
    31        on the promotional trip, but had also ---
    32
    33   MR. MORRIS:  Mr. Pattinson.
    34
    35   MR. JUSTICE BELL:  -- Mr. Philip Pattinson -- Terry Pattinson --
    36        carried out an interview and comes along and says that that
    37        was said by Mr. Nicholson or Mr. Preston, save in so far as
    38        there is an argument as to whether what was said
    39        constitutes an admission may with authority of the Second
    40        Plaintiff or implied authority witness the argument which
    41        Mr. Rampton developed some weeks ago, there is no question
    42        about admissibility.
    43
    44        But it is not a dig at the press if I say I have read many
    45        quotes in newspapers which I know (because I was a witness
    46        to what was going on) are completely inaccurate.  So,
    47        I have a reservation about whether one can just take the
    48        quote from the newspaper without support from the author,
    49        for instance, and accept that Mr. Rensi or whoever it was
    50        actually did say that. 
    51 
    52   MR. MORRIS:  Yes, that is one reason we need the video. 
    53
    54   MR. JUSTICE BELL:  I will need some help on that in due course,
    55        but that may not be a question of admissibility.  That may
    56        be whether I can attach any weight to it.
    57
    58   MR. RAMPTON:  My Lord, not, in fact, I think -- I have in mind a
    59        recent judgment by Mr. Justice Rimer that I mentioned to
    60        your Lordship in the Brinks case.  It is not, I fear, as

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