Day 099 - 08 Mar 95 - Page 85


     
     1
     2   MR. MORRIS:  Yes.
     3
     4   MR. JUSTICE BELL:  What I am anxious to avoid is having a whole
     5        load of discovery and then finding when your witnesses are
     6        called, if it be so -- it may well not be -- that it was
     7        quite pointless having all that because your witnesses, or
     8        Mr. North, in particular, agrees that whatever he may say
     9        about "inherently unhygienic", there is absolutely no
    10        reason to doubt that McKey's carry out proper biological
    11        testing and get tests of this sort of magnitude.  I am not
    12        the least phased at the prospect of Mr. Kenny having to
    13        come back if it turns out there really is something in it
    14        to be cross-examined further.
    15
    16   MR. MORRIS:  It would be a lot easier if it could be heard at
    17        the same time.
    18
    19   MR. JUSTICE BELL:  It might be but it depends on numbers.
    20
    21   MR. MORRIS:  Could I just finish my submission on this, with
    22        respect?  First of all, the Midland one, I happen to know,
    23        seems to be one of the lowest results.  That should be
    24        balanced may be with one of the higher results.
    25
    26   MR. JUSTICE BELL:  It may be.  Did you not listen to what I said
    27        earlier?
    28
    29   MR. MORRIS:  He is going to make enquiries; amy be he should get
    30        the Midland and, say, for example, four and five.
    31
    32   MR. RAMPTON:  My Lord, I object in the very strongest terms to
    33        being talked about as "he should do this" and "he should do
    34        that".
    35
    36   MR. MORRIS:  I am sorry, the Plaintiffs should -----
    37
    38   MR. RAMPTON:  The Plaintiffs do not do anything at Mr. Morris'
    39        command.  McKey's are not Plaintiffs in this action.  He is
    40        asking for a favour.
    41
    42   MR. MORRIS:  Well -----
    43
    44   MR. JUSTICE BELL:  I think we should all calm down and go to
    45        what I was saying a little while ago.  When I talked about
    46        your pin, I appreciate you might well stick it in one of
    47        the lines which has a higher reading ---
    48
    49   MR. MORRIS:  Yes.
    50 
    51   MR. JUSTICE BELL:  -- because that is what you want. 
    52 
    53   MR. MORRIS:  Of course.
    54
    55   MR. JUSTICE BELL:  If we look at the Midland ones, if they are
    56        produced in the morning, we can see whether it would be
    57        easy to blank out the supplier or not; if it would not be
    58        easy, I might have to hear more about whether it should be
    59        blanked out and whether that affects discovery or not.
    60

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