Day 058 - 30 Nov 94 - Page 37
1 want to hear, but not what evidence he would like to hear.
2 The case is decided on that which the parties put before
3 him.
4
5 If a time comes, as often does, where material has been put
6 before him for which there is no evidential basis and in
7 relation to which there is no agreement, then he puts it
8 out of his mind and decides the matter on what is left.
9 Sometimes judges are criticised for the end result of their
10 decision by people who do not appreciate that they have to
11 decide the case on the evidence which is put before them,
12 not on what might have been put before them.
13
14 MR. RAMPTON: What is more, I am stimulated by
15 Mrs. Brinley-Codd's observation (which I think your
16 Lordship has already done), the Defendants themselves have
17 absolutely no evidence on this question whatsoever.
18
19 MR. JUSTICE BELL: I will wait and see and see what comes up.
20
21 MR. RAMPTON: So, my Lord, if I may, I will put for the moment
22 at least Mr. Thompson back on the touch line where
23 I believe that he belongs.
24
25 MS. STEEL: Can I just say, there is another document which is
26 in Mr. Mallinson's references at tab B on page 742 of
27 that. Have you got that?
28
29 MR. JUSTICE BELL: If you refer me to it, I will look at it.
30
31 MS. STEEL: Sorry, it is orange bundle II of recycling and
32 waste, tab B and page 742 of that.
33
34 MR. MORRIS: It is quite early on actually.
35
36 MR. JUSTICE BELL: Yes, I have the page.
37
38 MS. STEEL: It has "Iggesund" in the bottom left corner. It has
39 various figures there for raw material intake and
40 production output. I was trying to work out the figures
41 based on the figures on this page 742, and they work out
42 differently to what Mr. Thompson has put in the two sheets
43 of paper that he has supplied.
44
45 MR. JUSTICE BELL: Let us leave the matter there. I think it is
46 only fair to Mr. Mallinson to get on with the
47 cross-examination of him. You can raise that in argument
48 in due course if, in fact, we do not have any admissible
49 evidence from Mr. Thompson or in any event. But I think it
50 has to be appreciated that, although the judge can give
51 indications as to what it might help him to hear or not
52 hear, at the end of the day in our adversarial system the
53 parties on each side call that evidence which they want to
54 call, either by putting witnesses into the witness box or
55 serving Civil Evidence Act statements in respect of which
56 there is no valid counter notice, and the judge has to
57 decide the case on such evidence and no more.
58
59 MR. MORRIS: Also, with respect, in cross-examination of the
60 Plaintiffs' witnesses to which they have no property over
