Day 046 - 04 Nov 94 - Page 81
1
2 MR. RAMPTON: My Lord, I will do that if I cannot get them
3 elsewhere.
4
5 MR. JUSTICE BELL: Yes, but there is no reason why they should
6 not be identified to the Defendants, is there?
7
8 MR. RAMPTON: Yes, because they are materials which I intend to
9 use in cross-examination.
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11 MR. JUSTICE BELL: So what?
12
13 MR. RAMPTON: So that I should lose a legitimate element of
14 surprise.
15
16 MR. JUSTICE BELL: That was just the point you were saying that
17 the Defendants ----
18
19 MR. RAMPTON: No, the witness's own references. It is
20 different.
21
22 MR. JUSTICE BELL: I do not accept that, unless you can quote
23 some authority. It is never the way I have had litigation
24 conducted.
25
26 MR. RAMPTON: No, my Lord, it is, with respect, a different
27 situation from the normal situation. Normally when one has
28 a case with expert, and your Lordship has had far more
29 cases than I ever have with experts, but my experience is
30 one gets an expert report and by one route or another,
31 usually from the other side who is calling he expert, you
32 get the references. They do not know in advance of their
33 expert being put into the witness box which references the
34 other side's counsel is going to rely on in
35 cross-examination.
36
37 MR. JUSTICE BELL: You mean all references are copied anyway?
38
39 MR. RAMPTON: Yes, or the ones which the expert is going to rely
40 on. If one is going to rely on anything different from the
41 expert's own references then, of course, one would have to
42 give notice.
43
44 MR. JUSTICE BELL: Are you saying that, for instance, if Miss
45 Dibb has 170 references to a booklet which has been served
46 on you as if it were a supplemental proof of evidence, so
47 we have to treat it in that light, and she says or she has
48 indicated to you by some means or other that she wishes to
49 refer to these 20, then you can, even though we do not have
50 them copied and in bundles, wait until you cross-examine
51 her and put to her numbers 21, 23 and 23.
52
53 MR. RAMPTON: That is different. I accept that.
54
55 MR. JUSTICE BELL: Which although she may have referred to them
56 in a booklet she may well not have read for 18 months.
57
58 MR. RAMPTON: I agree with that, but if they are any of the ones
59 from 1 to 20, then I am not obliged to say which of
60 those -----
