Day 043 - 01 Nov 94 - Page 79


     
     1        that.  But I think it would be in your own interests to
     2        have them rather than them come out for the first time in
     3        re-examination.
     4
     5        I am disinclined to chuck you out if you said after
     6        re-examination, "Well, that is something which is new",
     7        because of the particular circumstances of a break in
     8        cross-examination and so on.  We want to try to avoid it if
     9        we can, that is if you want to cross-examine further.
    10
    11   MR. RAMPTON:  My Lord, we have Mr. Green; we have tomorrow,
    12        Thursday and Friday.
    13
    14   MR. JUSTICE BELL:  You have Mr. Miles.
    15
    16   MR. RAMPTON:  I will have to dislodge him, I think.  We have him
    17        down for Monday anyway.  Thursday was going to be blank but
    18        it will not be now.
    19
    20   MR. JUSTICE BELL:  If witnesses are coming from the States or
    21        anywhere else, a long way away on either side, if we can
    22        possibly get them started at the beginning of the
    23        week -----
    24
    25   MR. RAMPTON:  That was the intention; he was originally down
    26        for -----
    27
    28   MR. JUSTICE BELL:  With Mr. Green, the plan was the programme
    29        was that he would start this morning and then have three
    30        days anyway, obviously, with the prospect of Mr. Miles
    31        going off, so that if it is necessary there is a fourth
    32        day.
    33
    34   MR. RAMPTON:  Yes, that is right.
    35
    36   MR. JUSTICE BELL:  But if it is possible to start them right at
    37        the beginning of the week, I think it is a good idea.
    38
    39   MR. RAMPTON:  We have only two left which are Mr. Stein and
    40        Mr. Cesca.
    41
    42   MR. JUSTICE BELL:  You may have Mr. Langert or Mr. Beavers.
    43
    44   MR. RAMPTON:  We have Mr. Beavers to come back and Mr. Gonzales
    45        as well.  We will try to do that.
    46
    47   MR. JUSTICE BELL:  I am grateful for you for taking that
    48        attitude.  I personally think it is probably sensible from
    49        all aspects of the case in any event.
    50 
    51        I have obtained a transcript of the judgment in the Court 
    52        of Appeal I had in mind concerning the status of scientific 
    53        or medical papers.  It was the case of Mose v. Midland
    54        Health Authority in about 1987. When you read the
    55        representation of the parties you will understand why
    56        I remembered it.  There is some reference to it in the
    57        judgment of the Lord Justice Slade but, particularly, in
    58        the judgment of Lord Justice Glidewell.
    59
    60   MR. RAMPTON:  Could we borrow it to copy?

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