Day 099 - 08 Mar 95 - Page 85
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2 MR. MORRIS: Yes.
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4 MR. JUSTICE BELL: What I am anxious to avoid is having a whole
5 load of discovery and then finding when your witnesses are
6 called, if it be so -- it may well not be -- that it was
7 quite pointless having all that because your witnesses, or
8 Mr. North, in particular, agrees that whatever he may say
9 about "inherently unhygienic", there is absolutely no
10 reason to doubt that McKey's carry out proper biological
11 testing and get tests of this sort of magnitude. I am not
12 the least phased at the prospect of Mr. Kenny having to
13 come back if it turns out there really is something in it
14 to be cross-examined further.
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16 MR. MORRIS: It would be a lot easier if it could be heard at
17 the same time.
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19 MR. JUSTICE BELL: It might be but it depends on numbers.
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21 MR. MORRIS: Could I just finish my submission on this, with
22 respect? First of all, the Midland one, I happen to know,
23 seems to be one of the lowest results. That should be
24 balanced may be with one of the higher results.
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26 MR. JUSTICE BELL: It may be. Did you not listen to what I said
27 earlier?
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29 MR. MORRIS: He is going to make enquiries; amy be he should get
30 the Midland and, say, for example, four and five.
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32 MR. RAMPTON: My Lord, I object in the very strongest terms to
33 being talked about as "he should do this" and "he should do
34 that".
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36 MR. MORRIS: I am sorry, the Plaintiffs should -----
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38 MR. RAMPTON: The Plaintiffs do not do anything at Mr. Morris'
39 command. McKey's are not Plaintiffs in this action. He is
40 asking for a favour.
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42 MR. MORRIS: Well -----
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44 MR. JUSTICE BELL: I think we should all calm down and go to
45 what I was saying a little while ago. When I talked about
46 your pin, I appreciate you might well stick it in one of
47 the lines which has a higher reading ---
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49 MR. MORRIS: Yes.
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51 MR. JUSTICE BELL: -- because that is what you want.
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53 MR. MORRIS: Of course.
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55 MR. JUSTICE BELL: If we look at the Midland ones, if they are
56 produced in the morning, we can see whether it would be
57 easy to blank out the supplier or not; if it would not be
58 easy, I might have to hear more about whether it should be
59 blanked out and whether that affects discovery or not.
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