Day 046 - 04 Nov 94 - Page 77
1 light because I just want to look at the practicalities at
2 this stage. I know what is largely happening on your side
3 of the court. I am not being critical of it with litigants
4 in persons. You have obtained quite short statements from
5 people which support the points you want to put before the
6 court.
7
8 You do not have the time or the machinery to sit down with
9 them for a day and say: "Well, we want to go through this.
10 What is the support for that? We want to go through that.
11 What is the support for that?" and so on. But at some
12 stage if the support for it is in research done by someone
13 else, as opposed to Miss Gallatley sitting in and talking
14 to children in a school hall and listening to their
15 responses, the other side are entitled to the survey or
16 paper upon which she relies.
17
18 MS. STEEL: That is OK, but it feels like they seem to think
19 that applies to us but it does not apply to them.
20
21 MR. JUSTICE BELL: I do not think that is so. You can certainly
22 take the point. You have made me alert to it for when
23 Mr. Miles comes on Monday.
24
25 MR. MORRIS: I think there is also a kind of balance here
26 between -- obviously, 171 references would not really help
27 anybody, I should think, in this case. There has to be a
28 balance between, maybe, to bring out what she thinks is the
29 most important.
30
31 MR. JUSTICE BELL: What it would normally do, if you had lawyers
32 acting for you, they at greater or lesser expense would
33 actually sit in a room, possibly for quite a long time,
34 with the witness concerned and identify just what it was
35 that he or she, the witness, was going to say. It would
36 not be the whole of a 50-page or whatever it is, book or
37 booklet. It would be selective of particular points which
38 was wanted to make. Then the sources in support of those
39 propositions, in so far as they came from surveys rather
40 than the individual's own experience, as I understand with
41 Miss Gallatley it comes from, would be dug out and copied
42 and served on the other side.
43
44 I appreciate the difficulty you have, but it has to be done
45 somehow or other. If it can be done in advance, that is
46 really the proper way to do it. The alternative, which
47 I would be prepared to consider in this case, although I do
48 not find it particularly attractive I am prepared to
49 consider in this case because of your position, is to call
50 her and see what says and then break off while she having
51 identified which of her references among the 170 -- maybe
52 it will be three, six, a dozen, 20, I do not know -- she
53 has in fact relied on, and then we have a gap while they
54 are obtained, Mr. Rampton familiarises himself with them
55 and then cross examines.
56
57 MR. MORRIS: If we look at Mr. Miles' statement, Helen has
58 already referred to one point, point 8 on page 26, tab 3:
59 "There are a few complaints about advertisements,
60 especially involving children since the control", etc. How
