Day 032 - 06 Oct 94 - Page 04


     
     1   MR. JUSTICE BELL:  That is the problem, because someone who
     2        might want to test your evidence by asking you questions
     3        might well want to look at the tables to see if -----
     4
     5   THE WITNESS:  If the text justifies the tables.
     6
     7   MR. JUSTICE BELL:  If the text is justified, or if there is
     8        some gloss which can be put on the text.  Are you able to
     9        say now whether that would involve looking at a large
    10        number of tables or just half a dozen?
    11
    12   THE WITNESS:  I would say more than half a dozen.
    13        Unfortunately, a table tends to extend over several pages.
    14
    15   MR. MORRIS:  It is actually a COMA Report, so we assume that
    16        the text is, as it is authorised by the Department of
    17        Health, is not going to be trying to pull a fast one in
    18        the hope that you do not look at the tables.
    19
    20   MR. JUSTICE BELL:  No, I do not think you are being accused of
    21        that.
    22
    23   MR. JUSTICE BELL:  Is this available at HMSO still?  What is
    24        the date again?
    25
    26   MR. MORRIS:  I think it is 1989.  We can certainly lend it to
    27        the Plaintiffs.
    28
    29   MR. JUSTICE BELL:  How many copies do we have in this court
    30        now?
    31
    32   THE WITNESS:  I have my office copy.
    33
    34   MR. MORRIS:  And this one.  We actually bought this ourselves
    35        from HMSO.  We just bought it about a week ago, so it is
    36        available now.  It is £16.
    37
    38   MS. STEEL:   I do not think they are available over the
    39        counter.  I think you have to order them.
    40
    41   MR. JUSTICE BELL:  You have to order them?
    42
    43   MS. STEEL:   Yes, I think so.
    44
    45   MR. MORRIS:  I do not know.
    46
    47   MR. RAMPTON:  My Lord, it simply is not good enough for
    48        Mr. Morris to say he is prepared to lend it to us on the
    49        day when the witness comes into the witness box.  That is
    50        my problem.  In the case of Professor Keen, the Defendants 
    51        were notified a week before the trial began that some of 
    52        his references were textbooks.  They were then told the 
    53        books would be sitting in court from the beginning of the
    54        trial, and so they were.  That is the difficulty.  It
    55        creates mechanical problems.
    56
    57   MR. JUSTICE BELL:  I quite agree, Mr. Rampton.  If you had
    58        another member of the bar on the other side, you can
    59        imagine the attitude I would take towards it.  If you had
    60        someone on the other side who is in a position to pay the

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