Day 046 - 04 Nov 94 - Page 80
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2 MR. MORRIS: We will get it on Monday morning.
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4 MR. JUSTICE BELL: You will be able to remember the gist of it.
5 Explain the matter to her. See how much preparation you
6 can do in advance. In any event, it seems to me the only
7 practical step to take is you then call her and, as we did
8 I think with another witness, we then identify which
9 documentation and so on is required for when she comes back
10 (as she will have to do) to be cross-examined.
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12 MS. STEEL: We will do what we can to speak to her and ask her
13 to identify the relevant passages and get the documents she
14 can get.
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16 MR. RAMPTON: I can tell the Defendants which documents I think
17 I will need amongst her references for cross-examination,
18 but unless they are going to provide them I will not do
19 that. I will get the documents myself and it will come as
20 a surprise when she is cross-examined.
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22 I am asking that we are given prior notice and, preferably,
23 because it is the Defendants' obligation to do it if she is
24 going to rely on them, copies of those documents upon she
25 wishes to rely. If she had asked by telephone, "Now which
26 amongst these many references are the ones particularly you
27 want to refer the judge to", then she can say.
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29 MR. JUSTICE BELL: What troubles me about that is experience has
30 shown me in this case that whatever indication you get now
31 there will be more by the end of evidence-in-chief.
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33 MR. RAMPTON: Even so, it would help me (I am speaking
34 personally) if I even get a proportion of what she is
35 intending to rely on before she comes, because by one means
36 or another it may then turn out that I can, in fact,
37 cross-examine her and she will not have to go away and come
38 back.
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40 MR. JUSTICE BELL: The references, what sorts of publications
41 are they in?
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43 MR. RAMPTON: They are in specialist marketing and advertising
44 publications. There are some from nutrition but one can
45 ignore those because Miss Dibb is not an expert in
46 nutrition. They mostly from specialist marketing and
47 advertising publications. There is, as your Lordship must
48 know, a considerable amount of academic learning in this
49 field now. It is even studied at universities and so on.
50 There is quite a body of material. I do not suppose for a
51 moment it would be in the least bit reasonable to expect
52 the Defendants themselves to go and dig it out from a
53 library. What I am hoping is that with goodwill Miss Dibb
54 may be persuaded to disgorge some of the references on
55 which she wishes to place reliance in her evidence before
56 this court. That is all.
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58 MR. JUSTICE BELL: I would like someone in your team to give to
59 Ms. Steel and Mr. Morris a list of the papers among her
60 references which you, in any event, would like.
