Day 164 - 26 Sep 95 - Page 15


     
     1        one in particular that I do remember that I wanted to raise
     2        objections to, but I have not actually prepared an argument
     3        on it.
     4
     5   MR. JUSTICE BELL:  What I suggested on a previous occasion was
     6        that as each side gets to the end of their case on a topic,
     7        as we deal with a topic, my attention is drawn to the Civil
     8        Evidence Act matters upon which they rely.  That serves a
     9        double purpose.  First of all, it makes sure that I have a
    10        note of just what they are.  Secondly, it gives either side
    11        an opportunity, if they want something to be read out as
    12        opposed for me just to make sure I read in my room, they
    13        can at least ask me to do that.  Whether I will agree or
    14        not, I do not know, because I do not suppose anyone wants
    15        hours of just reading things out loud for the sake of
    16        reading them.
    17
    18        It has a third advantage, that is, if another party is
    19        taking an objection to a Civil Evidence Act witness, that
    20        objection can be registered then.  I would prefer it to be
    21        registered then because if the objection is upheld, the
    22        party who wanted that evidence read might still have an
    23        opportunity to think of some other way of proving the
    24        subject of the Civil Evidence Act statement; whereas if we
    25        waited until all the evidence was closed and the objection
    26        was taken in final speeches, I am concerned that the party
    27        against whom the objection is taken might say:  "Oh, well,
    28        if we had known there was going to be an objection, we
    29        could have done this, that or the other".  It is an anxiety
    30        that I have expressed from time to time about some of the
    31        surveys but for that reason also.
    32
    33   MS. STEEL:  OK.  In terms of the subjects that have been
    34        covered, although I do not think any of them, apart from
    35        advertising, we still have to come back to all of them, I
    36        mean, the general letter in August kind of covered all
    37        their statements.  If those issues have already been dealt
    38        with, does that mean that those statements have now been
    39        taken as read or do they actually have to be brought up
    40        when the subject is brought up again?
    41
    42   MR. RAMPTON:  My Lord, in fact, what happened -- Ms. Steel has
    43        not got it quite right -- was your Lordship asked us to
    44        indicate which of our Civil Evidence Act statements we
    45        intended to rely on because it might be, and often does
    46        happen in the course of a case, that one abandons some of
    47        them as being unnecessary or unhelpful.  We have said that
    48        we rely on all of them.  That is, in effect, what it is.
    49        What we have not got to the point of doing is entering into
    50        discussion about when they should be read by the court or 
    51        to the court. 
    52 
    53        I quite agree with your Lordship that if objection is taken
    54        to any of them, then it should be taken sooner rather than
    55        later.  That was on 7th August we wrote that letter.
    56
    57   MS. STEEL:  I just want to clarify, so that means that none of
    58        them have been taken as read so far?
    59
    60   MR. JUSTICE BELL:  No, I do think that the schedule should

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