Day 081 - 31 Jan 95 - Page 61
1 speak to the Defendants. I have some inkling of the reason
2 why he does not want to give evidence for them -- as much
3 as he would like to be cross-examined by me!
4
5 MR. JUSTICE BELL: There could be all sorts of reasons. He
6 could be being stubborn. He could say, "I am entitled to
7 my own independent view of these matters." It could be
8 that he thinks that from the Defendants' point of view that
9 would be a very bad idea and he does not want to encourage
10 them. I just do not know, but we have raised the subject
11 and I do not believe in sort of fighting blind. If
12 Mr. Morris or Ms. Steel were to say, "Mr. Clark, will you
13 go into the witness box", what would you do, Mr. Clark?
14
15 MR. RAMPTON: Will you tell me?
16
17 MR. JUSTICE BELL: No. I know Mr. Rampton is only trying to
18 help. You tell me. I would merely say that if you were
19 asked that I would be grateful you did go into the witness
20 box, so that there is no element of compulsion whatsoever
21 in me saying that.
22
23 MR. CLARK: To be perfectly honest, it is a bit of a moral
24 dilemma because, yes, I am independent but I am independent
25 in so far as my employer is the University of Strathclyde
26 and the University of Strathclyde does not pay for any
27 expenses or fees, so on and so forth. Therefore, if
28 I incur expenses or fees it would be me who would incur
29 them; not the University. The University is keen that we
30 do consultancy work and so on to supplement our meagre
31 salaries.
32
33 MR. JUSTICE BELL: Yes, I understand that. In what way would do
34 you have any objection, apart from that aspect, as to going
35 into the witness box if you are called?
36
37 MR. CLARK: Probably the most important objection is that
38 McDonald's asked me to do a job of work which I did, and
39 then it seems to be slightly immoral for me to.
40
41 MR. JUSTICE BELL: You are entitled to think that. In slightly
42 jurisdictions it is not that different, in that, for
43 instance, if there is a medical issue of some kind you very
44 often get doctors who are consulted by the parties and give
45 reports on particular aspects; it may be just how seriously
46 injured the plaintiff is, for instance. A doctor may be
47 instructed on behalf of the defendant. The defendant
48 decides not to call that doctor, then I will not say it is
49 usual at all but it does happen that the plaintiff decides
50 to call that doctor just to say what injuries he discovered
51 and disabilities in the plaintiff, do you see what I mean?
52 It is absolutely no reflection on the expert that the
53 expert has then gone into the witness box and given his
54 honest expert opinion in relation to the matter, because
55 the theory at least, I prefer not to comment on how far it
56 is observed in practice, is that independent expert
57 witnesses are just that and give their own view regardless
58 of who summons them into the witness box.
59
60 On the financial aspect, in what way would you personally
