Day 014 - 20 Jul 94 - Page 60
1 absolutely candid about what the paper did actually
disclose -- suddenly starts producing references to papers
2 out of the air when one has not had a chance to see them.
That is what I am trying to guard against. That is not
3 any sleight on you whatsoever, Professor Wheelock. It is
just that is the basis for the -- it is because of
4 wariness about that that we have the rule or rule of
practice at least.
5
MR. RAMPTON: We will do the best we can to find those papers.
6 I dare say Dr. Arnott will be the best source for the
Finnish paper because it is paper about cancer and fat
7 intake. By the same token, I will if the defendants'
experts should make reference to papers which have not
8 been produced to us, make a very great deal of fuss.
I say that for this reason, that we have only been given a
9 selection thus far of the papers referred to in their
reports.
10
MR. JUSTICE BELL: The point I am taking now is absolutely no
11 different to the point I made to the defendants in the
week before it was expected to call Mr. Lipsett.
12
MS. STEEL: We are in the process of compiling ours. We have
13 served about half of them so far.
14 MR. JUSTICE BELL: Mr. Lipsett produced some papers in relation
to that.
15
MR. RAMPTON: I know he did but he produced it in a form at a
16 time which, I have to say, that aspect of the case is a
relatively unimportant one. This is a very important
17 aspect of the case.
18 MR. JUSTICE BELL: The point I am making is not a point made
against one particular party; it is a general point which
19 happens to have arisen in the course of the evidence of
one of your witnesses.
20
MR. RAMPTON: I have accepted your Lordship's point. We will
21 do our best. August is approaching. Apparently, the
defendants are about halfway through providing copies of
22 the references of their experts. I am not going to be
here in August myself. I mean, I am not going to be in
23 England. It is going to be difficult for me to be given
those references in preparation for cross-examination of
24 the defendants' witnesses. I, therefore, do earnestly
urge your Lordship to require the defendants to serve
25 these documents before the end of July.
26 MR. JUSTICE BELL: I think we should do some stock-taking next
week about some of the evidence generally. For instance,
27 there is a particular medical witness you have who at the
moment is Civil Evidence Act, I think, one of the bundles
28 -----
29 MS. STEEL: Mr. Barnard.
30 MR. JUSTICE BELL: No, he is a gentleman who is a member of a
group of American physicians.
