Day 043 - 01 Nov 94 - Page 79
1 that. But I think it would be in your own interests to
2 have them rather than them come out for the first time in
3 re-examination.
4
5 I am disinclined to chuck you out if you said after
6 re-examination, "Well, that is something which is new",
7 because of the particular circumstances of a break in
8 cross-examination and so on. We want to try to avoid it if
9 we can, that is if you want to cross-examine further.
10
11 MR. RAMPTON: My Lord, we have Mr. Green; we have tomorrow,
12 Thursday and Friday.
13
14 MR. JUSTICE BELL: You have Mr. Miles.
15
16 MR. RAMPTON: I will have to dislodge him, I think. We have him
17 down for Monday anyway. Thursday was going to be blank but
18 it will not be now.
19
20 MR. JUSTICE BELL: If witnesses are coming from the States or
21 anywhere else, a long way away on either side, if we can
22 possibly get them started at the beginning of the
23 week -----
24
25 MR. RAMPTON: That was the intention; he was originally down
26 for -----
27
28 MR. JUSTICE BELL: With Mr. Green, the plan was the programme
29 was that he would start this morning and then have three
30 days anyway, obviously, with the prospect of Mr. Miles
31 going off, so that if it is necessary there is a fourth
32 day.
33
34 MR. RAMPTON: Yes, that is right.
35
36 MR. JUSTICE BELL: But if it is possible to start them right at
37 the beginning of the week, I think it is a good idea.
38
39 MR. RAMPTON: We have only two left which are Mr. Stein and
40 Mr. Cesca.
41
42 MR. JUSTICE BELL: You may have Mr. Langert or Mr. Beavers.
43
44 MR. RAMPTON: We have Mr. Beavers to come back and Mr. Gonzales
45 as well. We will try to do that.
46
47 MR. JUSTICE BELL: I am grateful for you for taking that
48 attitude. I personally think it is probably sensible from
49 all aspects of the case in any event.
50
51 I have obtained a transcript of the judgment in the Court
52 of Appeal I had in mind concerning the status of scientific
53 or medical papers. It was the case of Mose v. Midland
54 Health Authority in about 1987. When you read the
55 representation of the parties you will understand why
56 I remembered it. There is some reference to it in the
57 judgment of the Lord Justice Slade but, particularly, in
58 the judgment of Lord Justice Glidewell.
59
60 MR. RAMPTON: Could we borrow it to copy?
