Day 043 - 01 Nov 94 - Page 80


     
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     2   MR. JUSTICE BELL:  Could you copy it so that Ms. Steel and
     3        Mr. Morris for the moment, anyway, have one copy between
     4        them?  It is quite a long transcript and most of it is
     5        irrelevant to the point.  It is about the issues of the
     6        operation which went wrong.  I hope it turns out not to be
     7        a fundamental matter.  You might like to look at it.   What
     8        I will do is I will have two extra copies made, keep one
     9        myself, give one to you for your side and if you do not
    10        mind sharing.
    11
    12   MR. MORRIS:  Maybe we can have the relevant pages.
    13
    14   MR. JUSTICE BELL:  No, you can have the lot, so that you are not
    15        missing anything.  You can copy any parts of it which you
    16        want.
    17
    18   MR. RAMPTON:  My Lord, may I say this:  I have thus far --
    19        I hope your Lordship may think -- taken a very relaxed
    20        attitude to the admissibility of evidence in all its form,
    21        mostly because this is not a jury action, so it does not
    22        really matter very much.  Whether at the end of the day
    23        your Lordship attaches any weight at all to inadmissible
    24        evidence is another question. The furthest I have gone so
    25        far is to ask for a Civil Evidence Act notice in relation
    26        to the lady who did the Grazing in Peckham survey. That is
    27        as far as I have gone.  It is not really the admissibility
    28        of the documents that I was raising at all in relation to
    29        Miss Dibb's material.  It was the fact that Mr. Hawkes
    30        would not have a chance to get ready to deal with them.
    31
    32   MR. JUSTICE BELL:  All I can say at the moment is if either side
    33        thinks at the end of the day in relation to any survey or
    34        outside paper they are going to take a strict point of law
    35        saying it is not admissible at all and I cannot take it
    36        into account, I think they should say so, so we do not
    37        suddenly arrive at the end of the case and find that that
    38        is the stand.  Weight is another matter.  How much weight
    39        is attached to it is a matter of argument.  What I do not
    40        want to do is to find at the very end of the case someone
    41        is saying, "You cannot take that into account at all", and
    42        the other party find out that that is the stand which was
    43        taken for the first time during final speeches.
    44
    45        Thank you.
    46
    47               (The court adjourned until the following day)
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