Day 107 - 24 Mar 95 - Page 22
1 MR. JUSTICE BELL: No, no. Do not talk about the report.
2
3 MR. RAMPTON: Let them do it separately.
4
5 MR. JUSTICE BELL: Will five minutes be enough, Mr. Morris?
6
7 MR. MORRIS: Yes, I think so.
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9 MR. JUSTICE BELL: I will come back at 10 to 12.
10
11 (Short Adjournment)
12
13 MR. MORRIS: Mr. North had a word with Mr. Rampton and it seems
14 like the agreeable course for all parties is that Mr. North
15 make a supplementary statement about related matters to do
16 with the Preston incident.
17
18 MR. JUSTICE BELL: Yes.
19
20 MR. MORRIS: And that be dealt with when he comes back to deal
21 with the pesticides issue.
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23 MR. JUSTICE BELL: Yes, very well.
24
25 MR. RAMPTON: My Lord, what I have suggested to Mr. North -- it
26 came from him perhaps arising out of something that I said
27 to your Lordship a bit earlier this morning -- he should
28 make an additional report focusing on any aspects of the
29 PHLS report which he thought had wider implications beyond
30 the facts of the particular case of Preston. If he does
31 that, then I would say that I do not need any further
32 pleading because I will know what it is that I have to deal
33 with. That is all I am concerned about.
34
35 MR. JUSTICE BELL: Yes. I think that is sensible, because you
36 can take it from there; by the time Mr. Rampton has
37 cross-examined Mr. North on that aspect, it will be
38 apparent where indeed, if at all, there is an issue between
39 the two sides. I will say no more than I am certainly
40 content with that course being taken.
41
42 MR. MORRIS: The only thing left on that is that I am not sure
43 where that takes us in terms of what to carry on with now.
44
45 MR. JUSTICE BELL: Look, I have something which, I have to say,
46 is slightly weighing on my mind. You spent quite a lot of
47 time cross-examining witnesses called on behalf of
48 McDonald's about testing procedures. We have already had
49 some argument about discovery. You started off yesterday
50 morning by raising the possibility of further discovery.
51 I am concerned, because I know from past experience how
52 easily it can happen, that so much concentration goes on
53 cross-examination and in your case so much energy has gone
54 on possible discovery, that you take your eye off the ball,
55 that here you have a positive witness who is your witness
56 in the witness box and do not take advantage of that.
57
58 It is entirely a matter for you, but I think you must ask
59 yourself whether you want to ask Mr. North about any of the
60 procedures and/or results which we have evidence of in the
