Day 087 - 10 Feb 95 - Page 12


     
     1
     2        Thus, my Lord, in the case of Mark Hopkins where we have
     3        put a Civil Evidence Act on Mr. McShirkie's statement,
     4        however many stages of the report that may contain, since
     5        he was doing it as part of his duty for the Local
     6        Authority, the whole of the statements which are relevant
     7        in his report become admissible unless, of course, a
     8        counter notice was served which may, I think, now be well
     9        out of time.
    10
    11   MS. STEEL:  Can I ask about the American report?
    12
    13   MR. JUSTICE BELL:  I had better dig that out again.
    14
    15   MR. RAMPTON:  In view of what appeared in Time Out quite
    16        recently, it is perhaps a good thing that I do my own
    17        scurrying!
    18
    19   MR. JUSTICE BELL:  I did not see that.
    20
    21   MR. RAMPTON:  It is tab 25.
    22
    23   MR. JUSTICE BELL:  However, one thing which occurs to me, when
    24        we were in open court, whenever a point was taken as to
    25        strict procedures to be followed, as I said on those
    26        occasions, then I have to rule that the strict procedure be
    27        followed.  One advantage of being in chambers is that
    28        everyone can read out whatever they want to read out, so
    29        that one does not just say:  "Look at paragraph 2 on page
    30        3".
    31
    32        As it is a day of interlocutory hearings and the result of
    33        it one way or another, i.e. if something is admissible, it
    34        comes in in due course and if it is not admissible it is
    35        kept out anyway, I would be prepared to go into chambers if
    36        it assists and quicken things up.  It is not necessary,
    37        probably because you could just say:  "Will you look at
    38        this paragraph?"
    39
    40   MS. STEEL:  I was not actually intending to get you to look at
    41        anything.
    42
    43   MR. JUSTICE BELL:  I am merely raising this.  There is hardly
    44        anyone in court anyway today apart from those who would be
    45        allowed to stay in chambers anyway.
    46
    47   MR. RAMPTON:  But, my Lord, given that one of the matters we are
    48        going to be dealing with today, I expect, is, for example,
    49        questions of discovery, and there are very good reasons
    50        why, where there is a dispute about discovery, it is heard 
    51        in chambers.  I would respectfully invite your Lordship to 
    52        make that direction -- quite apart from anything, it would 
    53        be a relief to take one's wig off for a change.
    54
    55   MS. STEEL:  We would prefer the court to be open.  We do not
    56        mind if Mr. Rampton takes his wig off!
    57
    58   MR. RAMPTON:  No, no, that is not the point.
    59
    60   MR. JUSTICE BELL:  Are there going to be references today to the

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