Day 098 - 07 Mar 95 - Page 62


     
     1        February, this particular matter.
     2
     3   MR. JUSTICE BELL:  I think you have to be ready with
     4        specifically what they are.
     5
     6   MR. MORRIS:  We are waiting for them from the Plaintiffs.
     7
     8   MR. JUSTICE BELL:  Yes, but you said you cannot remember what
     9        they are now.
    10
    11   MR. MORRIS:  No.  That is one example of something I do know
    12        what it is.
    13
    14   MR. JUSTICE BELL:  "Cannot remember exactly what it was now".
    15
    16   MR. MORRIS:  I brought up some of the matters, whenever it was,
    17        yesterday morning, and some of these matters have been up
    18        in the air for quite a while and the Plaintiffs ought to
    19        have finished their enquiries.
    20
    21   MR. JUSTICE BELL:  Have you got a list of them now?  The
    22        difficulty is imprecision and misunderstanding creep in if
    23        one does not have a specific list of documents which you
    24        think I have ordered, either ordered to be discovered or
    25        I have said that further argument may be required but given
    26        an indication of what I would like to see happen.
    27
    28   MR. MORRIS:  Yes.
    29
    30   MR. JUSTICE BELL:  But if you just say there are documents, in
    31        about three days time you are saying you have mentioned it
    32        and Mr. Rampton is saying you did not.  It is not
    33        efficient.
    34
    35   MR. MORRIS:  The argument was on 6th February according to the
    36        Ruling.
    37
    38   MR. JUSTICE BELL:  But point to the actual document.
    39
    40   MR. MORRIS:  One example is the famous typical day's
    41        microbiological results which the Plaintiffs are meant to
    42        be sorting out.
    43
    44   MR. RAMPTON:  I do not know what this is a reference to.
    45
    46   MR. MORRIS:  On page 6 of mine which is the original Ruling.
    47
    48   MR. JUSTICE BELL:  Have you not got the official ruling?
    49
    50   MR. MORRIS:  We have it now, but I have marked that particular 
    51        one.  It is the paragraph about Professor Jackson's visits 
    52        to McKey's. 
    53
    54   MR. JUSTICE BELL:  Let me read that again.  So, it is McKey's
    55        typical day's microbiological testing results at McKey's
    56        laboratory.  That is 6D of the transcript.
    57
    58   MR. MORRIS:  Yes.  You concluded over the page: "Any surviving
    59        microbiological test results for 12th January 1994 should
    60        not only be listed but also produced for the fair disposal

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