Day 058 - 30 Nov 94 - Page 37


     
     1        want to hear, but not what evidence he would like to hear.
     2        The case is decided on that which the parties put before
     3        him.
     4
     5        If a time comes, as often does, where material has been put
     6        before him for which there is no evidential basis and in
     7        relation to which there is no agreement, then he puts it
     8        out of his mind and decides the matter on what is left.
     9        Sometimes judges are criticised for the end result of their
    10        decision by people who do not appreciate that they have to
    11        decide the case on the evidence which is put before them,
    12        not on what might have been put before them.
    13
    14   MR. RAMPTON:  What is more, I am stimulated by
    15        Mrs. Brinley-Codd's observation (which I think your
    16        Lordship has already done), the Defendants themselves have
    17        absolutely no evidence on this question whatsoever.
    18
    19   MR. JUSTICE BELL:  I will wait and see and see what comes up.
    20
    21   MR. RAMPTON:  So, my Lord, if I may, I will put for the moment
    22        at least Mr. Thompson back on the touch line where
    23        I believe that he belongs.
    24
    25   MS. STEEL:  Can I just say, there is another document which is
    26        in Mr. Mallinson's references at tab B on page 742 of
    27        that.  Have you got that?
    28
    29   MR. JUSTICE BELL:  If you refer me to it, I will look at it.
    30
    31   MS. STEEL:  Sorry, it is orange bundle II of recycling and
    32        waste, tab B and page 742 of that.
    33
    34   MR. MORRIS:  It is quite early on actually.
    35
    36   MR. JUSTICE BELL:  Yes, I have the page.
    37
    38   MS. STEEL:  It has "Iggesund" in the bottom left corner.  It has
    39        various figures there for raw material intake and
    40        production output.  I was trying to work out the figures
    41        based on the figures on this page 742, and they work out
    42        differently to what Mr. Thompson has put in the two sheets
    43        of paper that he has supplied.
    44
    45   MR. JUSTICE BELL:  Let us leave the matter there.  I think it is
    46        only fair to Mr. Mallinson to get on with the
    47        cross-examination of him.  You can raise that in argument
    48        in due course if, in fact, we do not have any admissible
    49        evidence from Mr. Thompson or in any event.  But I think it
    50        has to be appreciated that, although the judge can give 
    51        indications as to what it might help him to hear or not 
    52        hear, at the end of the day in our adversarial system the 
    53        parties on each side call that evidence which they want to
    54        call, either by putting witnesses into the witness box or
    55        serving Civil Evidence Act statements in respect of which
    56        there is no valid counter notice, and the judge has to
    57        decide the case on such evidence and no more.
    58
    59   MR. MORRIS:  Also, with respect, in cross-examination of the
    60        Plaintiffs' witnesses to which they have no property over

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