Day 057 - 29 Nov 94 - Page 20
1 on incineration. Dr. Lipsett (or Mr. Lipsett) referred to
2 him and his statement was taken as read. The same would
3 apply to any others, assuming we are going to come to food
4 poisoning next and before the end of term, they should be
5 done then, employment after Christmas and so on.
6
7 MR. MORRIS: The general feeling on that (which we seem to be
8 dealing with now) is that what is happening is (and what
9 will probably continue to happen if we do not do this in a
10 fairly systematic way) is that things get left behind and
11 then we forget about them. I know that is our
12 responsibility.
13
14 MR. JUSTICE BELL: At the very least, you should use part of the
15 Christmas vacation in order to check back over the topics
16 we have done as to whether there are Civil Evidence Act
17 witnesses or documents you want to refer to and, if you
18 like, we can start next term picking those up.
19
20 MR. MORRIS: Yes. It might be a useful approach on this kind of
21 issue to set aside at least a day or a day at the end of
22 each subject to review if there are any outstanding
23 discovery that came up, Civil Evidence Act Notices would be
24 appropriate, or whatever, and do that as a matter of
25 systematic -----
26
27 MR. JUSTICE BELL: I do not think we need set aside a day. What
28 I suggest is that on all the topics we have either
29 completed or embarked on before the end of this term, you
30 should use a day or so during the Christmas break to
31 identify which Civil Evidence Act witnesses or statements,
32 documents, need to be brought in; decide whether you are
33 saying you want to read that out aloud for some reason, or
34 just want me to make a note of it so that I will go back to
35 my room and read it to myself again. In relation to
36 further discovery, I think you really have to raise those
37 issues as they crop up and make a note of them so that they
38 do not get lost. But let us take it step by step. We are
39 still on witnesses at the moment.
40
41 MR. MORRIS: I was just trying to summarise the outstanding
42 points here, but obviously we need to go through the
43 discovery. Do you want us to get on with it and start on
44 No. 2 and go through one by one?
45
46 MR. JUSTICE BELL: No, I think as you have started on witnesses,
47 why do we not stick there, item 3?
48
49 MS. STEEL: The thing with Watson and Watson is that the
50 statements were served but for some reason they are not in
51 the trial bundles, so I do not know what the position is.
52
53 MR. JUSTICE BELL: That means I do not have copies, does it?
54
55 MS. STEEL: I do not know. They are not listed in the index.
56 I presume that means you do not have copies, but I do not
57 actually know.
58
59 MR. JUSTICE BELL: I think you should make sure that -- are they
60 your witnesses?
