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
