Day 021 - 29 Jul 94 - Page 74
1 next week, but one has to talk to the witnesses.
2 MR. MORRIS: Then we can try to fit our witnesses into it.
3 MR. RAMPTON: I do so now, and I shall complain very loudly and
may decline or ask your Lordship to allow me to defer my
4 cross-examination if I do not get sufficient notice of the
order in which the defendants intend to call their
5 witnesses.
6 MR. JUSTICE BELL: It is particularly important if you are
calling someone from abroad to give good notice, because
7 if Mr. Rampton has to say: "I need time and I would like
this witness to come back", that is one thing if they come
8 from somewhere in the United Kingdom; it is completely
different if they have come from the States or Germany or
9 wherever.
10 MS. STEEL: We will try and give, you know, the best dates we
can give. We do intend to do that.
11
MR. MORRIS: I mean, the problem is because all the estimates
12 up to now have been underestimates of time and slippage,
not having enough time for slippage ----
13
MR. JUSTICE BELL: I am not expecting perfection by any means
14 but that is what you have to aim for.
15 MR. RAMPTON: There is one other matter. In light of the new
statement from Professor Campbell which was handed to us
16 today which speaks of a single study and in the field of
cancer, I would ask your Lordship's permission to be
17 allowed to consult Dr. Arnott about that paper before he
is cross-examined, since I may wish to ask him some
18 questions in-chief about it before he is cross-examined.
19 MR. JUSTICE BELL: Yes. Do you understand that?
20 MS. STEEL: Yes. The main reason the paper was brought in was
because it had been misquoted by Mr. Wheelock.
21
MR. JUSTICE BELL: Do not worry about that. The point is once
22 you have put a witness in the witness box and they have
started to give evidence, you are not supposed to talk to
23 them about their evidence. All Mr. Rampton is doing is:
"Say an exception, please, in the case of Dr. Arnott so
24 I can consult Dr. Arnott about this new paper. I may then
want to ask him some questions on it", an extension of his
25 evidence-in-chief, before you begin your
cross-examination. That is perfectly reasonable; it
26 happens in many other cases.
27 MS. STEEL: Yes, OK.
28 MR. MORRIS: Yes.
29 MR. JUSTICE BELL: We will meet again in September.
30 (Adjourned until 12th September 1994)
