Day 107 - 24 Mar 95 - Page 20
1 There are some things in there which, for instance,
2 although I think they are probably not necessarily the ones
3 that you are concerned with which really might be quite
4 relevant to have some evidence on. As an example, on page
5 4 you might, for all I know, want to ask Mr. North whether
6 it is right that E.coli 0157 was first recognised as a
7 cause of human infection in 1982.
8
9 MR. MORRIS: I think that has come up -----
10
11 MR. JUSTICE BELL: And whether the organism was then
12 increasingly perceived as an important public health
13 problem in the United States and Canada, and whether in
14 various outbreaks which they have had in North America the
15 most commonly suspected vehicles of infection in these
16 outbreaks were ground beef and unpasteurized milk, viz. the
17 point which Ms. Steel has just sought to make about the
18 origin of the prodominance of food poisoning matters.
19
20 The question is, do you want to do it now, in which case
21 I will certainly give you time to go through it. You can
22 put a mark there in your highlight and say: "We have to
23 think about whether we want to seek leave to amend to add
24 that", or do you want it to go over?
25
26 It will take time, but I would quite like you to take the
27 former course and go through it. I can see it gives me
28 some foresight as to what you might wish to seek leave to
29 amend in the future and you will have actually identified
30 it yourself.
31
32 MR. MORRIS: Yes. Obviously, if our whole case was fully
33 pleaded to the minor detail -- I presume that does not
34 happen anyway, even in cases run by barristers and
35 solicitors, but obviously it is very helpful -- but, to be
36 honest, I do not know if it is necessary. If I may say a
37 point that has not been said, which is I cannot see -- we
38 just want to get on with the case and be able to look at
39 documents without being prevented from doing so.
40
41 There is no jury in this case so there cannot be prejudiced
42 by seeing such a document. It has already been debated by
43 witnesses, whole sections have been read out, and you have
44 just read another point out, so you have read the document
45 so you cannot be prejudiced.
46
47 MR. JUSTICE BELL: You may be right or wrong about that, but an
48 objection has been taken against taking that course. In my
49 view, it is an objection which is soundly founded. I have
50 given you the opportunity to achieve exactly the same
51 result so far as the witness is concerned by following the
52 course which I have suggested which, if my recollection is
53 right, is the course I suggested with a previous witness
54 and which you then had no real difficulty, with a bit of
55 help from me, in actually following. Did we not do it with
56 another witness?
57
58 MR. MORRIS: What, to have the report in front and just
59 say -----
60
