Day 312 - 11 Dec 96 - Page 34


     
     1   MR. MORRIS:  Right.
     2
     3   MR. RAMPTON:  My Lord, what is more it was a criminal case and,
     4        I dare say, with a jury.  It is completely different.
     5
     6   MR. MORRIS:  It is a case of Young v Flint 1987 RTR 300.  The
     7        point is, if you do not challenge.
     8
     9   MR. JUSTICE BELL:  I am sorry, you put your argument but I have
    10        made my view on it quite clear.  There you are.
    11
    12   MS. STEEL:   Can I just make the point that you did in fact when
    13        Mr. Crawford was giving evidence the first time, and
    14        Mr. Rampton said that he was not, Mr. Crawford went away
    15        and Mr. Rampton said he was not going to cross-examine
    16        him.  You did actually say that you thought that-----
    17
    18   MR. JUSTICE BELL:  That was because Mr. Rampton told me that he,
    19        or indicated that he, proposed to make his own comment on
    20        articles which had not been canvassed with a witness, which
    21        is a completely different situation to the one you are
    22        considering, and I said I would be very unhappy being
    23        invited to draw my own conclusion from particular articles
    24        which had not been canvassed with an expert witness, put to
    25        an expert witness.
    26
    27   MS. STEEL:   Well...
    28
    29   MR. JUSTICE BELL:  There you are.  Anyway, all I am urging you
    30        to do, I mean, you know that I am against you on this
    31        point, so let us just wait and see what happens in the
    32        cases as a whole and then if you are unhappy with the
    33        result it is the result of this, you must take your own
    34        advice as to what to do about it.
    35
    36   MR. MORRIS:  Can we invite you anyway to read that disclosed
    37        document, those sections, pages 10 to 15?
    38
    39   MR. JUSTICE BELL:  I will read it all anyway.
    40
    41   MR. MORRIS:  And 112 to 115, and we would adopt-----
    42
    43   MR. JUSTICE BELL:  I will read the whole of the pages you have
    44        given me as, I will, in fact, read the Thorgeirson case.
    45        In appealing Norse fashion he is presumably Thorgeirson,
    46        who is the son of Thorgeirs himself, so there are at least
    47        three generations of Thorgeirs for in that family.  Yes.
    48        Very well, I will read those Thorgeir, Thorgeirsons.
    49
    50        In fact, I read the authorities you gave me the other day,
    51        and I am making it a practice to read what you hand me in
    52        relation to the law in case in there there is some point
    53        which you have not made on what you have given me.
    54
    55   MR. MORRIS:  Yes.  Can I ask that maybe we can adjourn a bit
    56        earlier because we have some photocopying to do?
    57
    58   MS. STEEL:   Would it be possible to have until two o'clock?
    59
    60   MR. JUSTICE BELL:  Yes.

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