Day 062 - 06 Dec 94 - Page 63
1 Q. No, you cannot look into that, but do you know what the
2 work is likely to be like?
3 A. It would take going over about 400 items, between 300
4 and 400 different items, and looking up whether that would
5 be filled in right or not. So, it would take quite some
6 work for somebody to just note whether it is noted or not
7 and then do the calculation from those which are noted.
8
9 MR. MORRIS: Obviously, we are happy to do that work but if it
10 is easier to have the documents or easier for them to do
11 the work, that is fine by us.
12
13 MR. JUSTICE BELL: Do you know if the documents are available?
14 A. The document are available, to my knowledge.
15
16 MR. JUSTICE BELL: Is there anything you want to say about it,
17 Mr. Rampton?
18
19 MR. RAMPTON: My Lord, only this, that so far as I am aware the
20 Defendants have not yet -- they may do but certainly not in
21 any questions to Mr. Oakley or to Mr. Mallinson or yet to
22 Mr. Van Erp -- made a sensible case for a significant
23 distinction between post-industrial and post-consumer waste
24 so far as the environment is concerned which is what we are
25 concerned about. If they were to do that, then my
26 suggestion would be that it would probably be simpler in
27 the end for Mr. Van Erp, as it were, to whip some
28 subordinate into doing the summary for him. It might not
29 take all that long. It would certainly save the Defendants
30 a burden which my impression is they could well do without.
31
32 MR. MORRIS: We are touched by Mr. Rampton's concern.
33
34 MR. JUSTICE BELL: I think if you are prepared to do that, it
35 would be a kindness to the Defendants. What I am just
36 anxious about (as, I think, you perceive is), I do not
37 think this is the way Mr. Morris is intending it, but one
38 party putting the other party's witnesses to a lot of work
39 to get the information they went. When you go away at the
40 end of your evidence or at the end of your evidence for the
41 time being, can you set something in motion along those
42 lines?
43 A. Yes. I can relatively quickly probably get a figure of
44 which percentage is known, then the second question, doing
45 the sums for it might take some more time.
46
47 MR. JUSTICE BELL: What I suggest you do, and Mr. Rampton may
48 talk to you about it afterwards or Mrs. Brinley-Codd or
49 Mr. Atkinson, is see how far you get and put some
50 information in Mrs. Brinley-Codd's hands. She can (or
51 someone on her behalf), if she would be so kind, inform
52 Ms. Steel and Mr. Morris what you are getting to and it can
53 be seen whether it is worth doing more work or not. If I
54 have to arbitrate on it, I will, but see how we go.
55
56 MR. MORRIS: Can I say something? Obviously, it would save any
57 confusion if we had the documents themselves because there
58 may well be further questions to ask about, if we only get
59 partial information, bearing in mind the history of this
60 case -----
