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.
