Day 107 - 24 Mar 95 - Page 22


     
     1   MR. JUSTICE BELL:  No, no.  Do not talk about the report.
     2
     3   MR. RAMPTON:  Let them do it separately.
     4
     5   MR. JUSTICE BELL:  Will five minutes be enough, Mr. Morris?
     6
     7   MR. MORRIS:  Yes, I think so.
     8
     9   MR. JUSTICE BELL:  I will come back at 10 to 12.
    10
    11                       (Short Adjournment)
    12
    13   MR. MORRIS:  Mr. North had a word with Mr. Rampton and it seems
    14        like the agreeable course for all parties is that Mr. North
    15        make a supplementary statement about related matters to do
    16        with the Preston incident.
    17
    18   MR. JUSTICE BELL:  Yes.
    19
    20   MR. MORRIS:  And that be dealt with when he comes back to deal
    21        with the pesticides issue.
    22
    23   MR. JUSTICE BELL:  Yes, very well.
    24
    25   MR. RAMPTON:  My Lord, what I have suggested to Mr. North -- it
    26        came from him perhaps arising out of something that I said
    27        to your Lordship a bit earlier this morning -- he should
    28        make an additional report focusing on any aspects of the
    29        PHLS report which he thought had wider implications beyond
    30        the facts of the particular case of Preston.  If he does
    31        that, then I would say that I do not need any further
    32        pleading because I will know what it is that I have to deal
    33        with.  That is all I am concerned about.
    34
    35   MR. JUSTICE BELL:  Yes.  I think that is sensible, because you
    36        can take it from there; by the time Mr. Rampton has
    37        cross-examined Mr. North on that aspect, it will be
    38        apparent where indeed, if at all, there is an issue between
    39        the two sides.  I will say no more than I am certainly
    40        content with that course being taken.
    41
    42   MR. MORRIS:  The only thing left on that is that I am not sure
    43        where that takes us in terms of what to carry on with now.
    44
    45   MR. JUSTICE BELL:  Look, I have something which, I have to say,
    46        is slightly weighing on my mind.  You spent quite a lot of
    47        time cross-examining witnesses called on behalf of
    48        McDonald's about testing procedures.  We have already had
    49        some argument about discovery.  You started off yesterday
    50        morning by raising the possibility of further discovery. 
    51        I am concerned, because I know from past experience how 
    52        easily it can happen, that so much concentration goes on 
    53        cross-examination and in your case so much energy has gone
    54        on possible discovery, that you take your eye off the ball,
    55        that here you have a positive witness who is your witness
    56        in the witness box and do not take advantage of that.
    57
    58        It is entirely a matter for you, but I think you must ask
    59        yourself whether you want to ask Mr. North about any of the
    60        procedures and/or results which we have evidence of in the

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