Day 249 - 14 May 96 - Page 73


     
     1        the Plaintiffs' witnesses is only part of the case.  The
     2        other part is the evidence you can call yourself about it.
     3
     4   MS. STEEL:   Yes.  It is just that only one side has access to
     5        all the, you know, documents and reports that were made at
     6        the time.
     7
     8   MR. JUSTICE BELL:  The difficulty with that is you clearly have
     9        some further potential information.  I do not know what it
    10        is at the moment because it is not embodied in witness
    11        statements.  I have borne in mind what you have said about
    12        proposing to give statements in due course, and I am trying
    13        to find a way which does not force you to produce them
    14        tomorrow or the day after, if you want to use them, but it
    15        leaves you with the ability to produce them, having used
    16        part of the legal vacation but giving notice now just as to
    17        what your case is, and from that we have got involved with
    18        this discussion.
    19
    20   MS. STEEL:   Yes.
    21
    22   MR. JUSTICE BELL:  If you are going to apply for them, I think
    23        you have to do a little bit of work on what the basis of it
    24        is in anticipation that Mr. Rampton will say that reports
    25        by an agent to the solicitors of a party to litigation, or
    26        a potential party to litigation, are privileged.  That is
    27        it.  Whether they would help me to get to the truth or not.
    28
    29        Is there something more you want to ask now?  I am happy to
    30        call it a day.  You have been cross-examining all day and
    31        Mr. Nicholson has been in the witness box all day.
    32
    33   MS. STEEL:   Yes.
    34
    35   MR. MORRIS:  Before we rise, there is a further statement we
    36        have obtained relating to the nutrition issue from a
    37        Dr. Michael Miller, University of Maryland.  (Handed).
    38
    39   MR. JUSTICE BELL: I will have a look at that.  If there is going
    40        to be any argument as to whether it is to be admitted in
    41        evidence, I would like to dispose of it some time this
    42        week.
    43
    44   MS. STEEL:   Could I just ask about whether the Plaintiffs are
    45        going to object to Miss Tiller giving evidence because, if
    46        not, then I can get on with trying to fix a date for her to
    47        attend.
    48
    49   MR. RAMPTON:  I do not object, provided your Lordship thinks
    50        there is time in the schedule before we finish the case. 
    51        No, I do not mind. 
    52 
    53   MR. JUSTICE BELL:  My reaction is that there is, because we are
    54        coming to the private investigator evidence yet in due
    55        course, and I think unless there is some particular
    56        objection on the basis that it will prejudice the
    57        Plaintiffs in some way that they cannot at this stage
    58        overcome, I would certainly give leave for her to be
    59        called.
    60

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