Day 046 - 04 Nov 94 - Page 80


     
     1
     2   MR. MORRIS:  We will get it on Monday morning.
     3
     4   MR. JUSTICE BELL:  You will be able to remember the gist of it.
     5        Explain the matter to her.  See how much preparation you
     6        can do in advance.  In any event, it seems to me the only
     7        practical step to take is you then call her and, as we did
     8        I think with another witness, we then identify which
     9        documentation and so on is required for when she comes back
    10        (as she will have to do) to be cross-examined.
    11
    12   MS. STEEL:   We will do what we can to speak to her and ask her
    13        to identify the relevant passages and get the documents she
    14        can get.
    15
    16   MR. RAMPTON:  I can tell the Defendants which documents I think
    17        I will need amongst her references for cross-examination,
    18        but unless they are going to provide them I will not do
    19        that.  I will get the documents myself and it will come as
    20        a surprise when she is cross-examined.
    21
    22        I am asking that we are given prior notice and, preferably,
    23        because it is the Defendants' obligation to do it if she is
    24        going to rely on them, copies of those documents upon she
    25        wishes to rely.  If she had asked by telephone, "Now which
    26        amongst these many references are the ones particularly you
    27        want to refer the judge to", then she can say.
    28
    29   MR. JUSTICE BELL:  What troubles me about that is experience has
    30        shown me in this case that whatever indication you get now
    31        there will be more by the end of evidence-in-chief.
    32
    33   MR. RAMPTON:  Even so, it would help me (I am speaking
    34        personally) if I even get a proportion of what she is
    35        intending to rely on before she comes, because by one means
    36        or another it may then turn out that I can, in fact,
    37        cross-examine her and she will not have to go away and come
    38        back.
    39
    40   MR. JUSTICE BELL:  The references, what sorts of publications
    41        are they in?
    42
    43   MR. RAMPTON:  They are in specialist marketing and advertising
    44        publications.  There are some from nutrition but one can
    45        ignore those because Miss Dibb is not an expert in
    46        nutrition.  They mostly from specialist marketing and
    47        advertising publications.  There is, as your Lordship must
    48        know, a considerable amount of academic learning in this
    49        field now.  It is even studied at universities and so on.
    50        There is quite a body of material.  I do not suppose for a 
    51        moment it would be in the least bit reasonable to expect 
    52        the Defendants themselves to go and dig it out from a 
    53        library. What I am hoping is that with goodwill Miss Dibb
    54        may be persuaded to disgorge some of the references on
    55        which she wishes to place reliance in her evidence before
    56        this court.  That is all.
    57
    58   MR. JUSTICE BELL:  I would like someone in your team to give to
    59        Ms. Steel and Mr. Morris a list of the papers among her
    60        references which you, in any event, would like.

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