Day 046 - 04 Nov 94 - Page 83
1 just to help these Defendants try and get their tackle in
2 order, is show my hand at a time when I would not normally
3 have to do so.
4
5 MS. STEEL: We will speak to Miss Dibb and see which ones she
6 is -----
7
8 MR. JUSTICE BELL: I would like to think about that. I will
9 merely think aloud so that you can consider the position.
10 I understand the position that where an expert witness has
11 made a statement or disclosed a report it refers to 20
12 scientific papers, all 20 scientific papers are copied and
13 put in a bundle, then counsel who is going to cross-examine
14 that witness does not have to say in advance, "You may
15 expect me to cross-examine you on 3, 7 and 11".
16 I understand that, but it is surprises me and maybe that is
17 my fault, that when one has a situation where one is not in
18 that position that the right thing to do is copy certain
19 scientific papers which are referred to but have not been
20 copied by the party calling the witness, and then keep them
21 on one side of the court and then produce them as copies
22 during cross-examination.
23
24 MR. RAMPTON: No, I am sorry. I have perhaps conceded too much
25 ground in favour of the proposition that I was going to
26 tread on your Lordship's toes. No, I had not meant that.
27 What I meant was I do not expect to be able to keep in my
28 back pocket papers on which Miss Dibb does not intend to
29 rely, but before I showed my complete list of intended
30 references by me, I would like to have her list first. All
31 I would then do is say: "Here are the additional ones which
32 I intend to rely on and which you have not referred to."
33 That is all I am asking.
34
35 MR. JUSTICE BELL: Let us go back to square one. What I suggest
36 is what I think, Ms. Steel, you were volunteering anyway
37 but I wanted to hear the rest of Mr. Rampton's argument,
38 that you contact Miss Dibb and do your very best to get
39 from her a list of the particular papers which she would
40 want to refer to, by which I mean would have to rely on in
41 order to support any proposition which she makes in the
42 witness box. If she can provide copies of those, so much
43 the better because they may be available to her or one of
44 the bodies she represents or works for.
45
46 As soon you have done that, get the list to Barlows and one
47 copy of each of the documents you have got copied, if any.
48 Then we will take stock before she is called.
49
50 MR. RAMPTON: My Lord, I undertake, if that is done, that as
51 soon as I get that list I will give a list by exchange
52 showing any papers whether referred to by her or not on
53 which I intend to rely.
54
55 MR. JUSTICE BELL: If you have not got copies from Ms. Steel or
56 Mr. Morris, I would be grateful if just de benesse you
57 would send them a copy of what you have, and that is purely
58 to save time. If this arrangement proves not to be
59 satisfactory we will just have to go ahead with Miss Dibb,
60 she what she does refer to and then before you
