Day 164 - 26 Sep 95 - Page 15
1 one in particular that I do remember that I wanted to raise
2 objections to, but I have not actually prepared an argument
3 on it.
4
5 MR. JUSTICE BELL: What I suggested on a previous occasion was
6 that as each side gets to the end of their case on a topic,
7 as we deal with a topic, my attention is drawn to the Civil
8 Evidence Act matters upon which they rely. That serves a
9 double purpose. First of all, it makes sure that I have a
10 note of just what they are. Secondly, it gives either side
11 an opportunity, if they want something to be read out as
12 opposed for me just to make sure I read in my room, they
13 can at least ask me to do that. Whether I will agree or
14 not, I do not know, because I do not suppose anyone wants
15 hours of just reading things out loud for the sake of
16 reading them.
17
18 It has a third advantage, that is, if another party is
19 taking an objection to a Civil Evidence Act witness, that
20 objection can be registered then. I would prefer it to be
21 registered then because if the objection is upheld, the
22 party who wanted that evidence read might still have an
23 opportunity to think of some other way of proving the
24 subject of the Civil Evidence Act statement; whereas if we
25 waited until all the evidence was closed and the objection
26 was taken in final speeches, I am concerned that the party
27 against whom the objection is taken might say: "Oh, well,
28 if we had known there was going to be an objection, we
29 could have done this, that or the other". It is an anxiety
30 that I have expressed from time to time about some of the
31 surveys but for that reason also.
32
33 MS. STEEL: OK. In terms of the subjects that have been
34 covered, although I do not think any of them, apart from
35 advertising, we still have to come back to all of them, I
36 mean, the general letter in August kind of covered all
37 their statements. If those issues have already been dealt
38 with, does that mean that those statements have now been
39 taken as read or do they actually have to be brought up
40 when the subject is brought up again?
41
42 MR. RAMPTON: My Lord, in fact, what happened -- Ms. Steel has
43 not got it quite right -- was your Lordship asked us to
44 indicate which of our Civil Evidence Act statements we
45 intended to rely on because it might be, and often does
46 happen in the course of a case, that one abandons some of
47 them as being unnecessary or unhelpful. We have said that
48 we rely on all of them. That is, in effect, what it is.
49 What we have not got to the point of doing is entering into
50 discussion about when they should be read by the court or
51 to the court.
52
53 I quite agree with your Lordship that if objection is taken
54 to any of them, then it should be taken sooner rather than
55 later. That was on 7th August we wrote that letter.
56
57 MS. STEEL: I just want to clarify, so that means that none of
58 them have been taken as read so far?
59
60 MR. JUSTICE BELL: No, I do think that the schedule should
