Day 270 - 28 Jun 96 - Page 51


     
     1   MR. MORRIS:  I was going to read that and I was just going to
     2        read the papers that had the conclusions, which is in the
     3        lead study.  It is page 46 of the lead study and I am just
     4        going to get the Peckham one out, because I do not need to
     5        refer to really any of the charts or anything.  It is a bit
     6        daft not reading out the conclusions, because obviously the
     7        statement just says the results are true.
     8
     9   MR. ATKINSON:  I think it is really not satisfactory, in our
    10        submission, to read out just part of the survey.
    11
    12   MR. MORRIS:  I am not going to read it all out.
    13
    14   MR. ATKINSON:  It is much more sensible just to read the
    15        statement out and take the survey as read.
    16
    17   MR. JUSTICE BELL:  What I want you to do is to just read the
    18        short statement.  When you come to submissions, you can
    19        refer me to the particular parts of the survey itself.  I
    20        do not want bits of the survey read.
    21
    22   MR. MORRIS:  It is only the conclusion, the conclusion is four
    23        paragraphs on page 46.
    24
    25   MR. JUSTICE BELL:  Do you have any objection to the conclusion
    26        Mr. Atkinson?
    27
    28   MR. ATKINSON:  Yes, I think we do on that.  Because the
    29        conclusion has to be read in the light of what has gone
    30        before it.
    31
    32   MS. STEEL:  If the witness had come to court, which we were
    33        willing to do, however the Plaintiff's did say to save time
    34        we need not call her, we would have been able to read the
    35        conclusion out and get it confirmed and it will not take
    36        very long to read it.  It is not as though it is taking
    37        something out of context, because it is the conclusion.
    38        The Plaintiff's have accepted that, you know, they do not
    39        want to challenge this evidence.  So I do not see what the
    40        problem is with having it read out.
    41
    42   MR. MORRIS:  I do not see there is any legal grounds on which to
    43        object.
    44
    45   MR. JUSTICE BELL:  There is a legal ground, it is this:  Because
    46        I am in charge of the procedure I could say I am not even
    47        going to let you read out Fiona Winter's civil evidence act
    48        statement because it is a waste of time.  You can just say
    49        it is to be taken as read.
    50 
    51        I have taken another view or course, because you asked me 
    52        to.  That is as far as I am prepared to go.  Read her short 
    53        statement.  I do not have time to look through the whole of
    54        her report now to see whether the conclusions are a fair
    55        summary or not.  Until I have that confidence, I am not
    56        prepared to have part only of the report read out.
    57
    58        It is not being kept under wraps, because when you come to
    59        your submissions you can direct me to any particular
    60        matters you rely on in it and Mr. Rampton can direct me to

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