Day 046 - 04 Nov 94 - Page 81


     
     1
     2   MR. RAMPTON:  My Lord, I will do that if I cannot get them
     3        elsewhere.
     4
     5   MR. JUSTICE BELL:  Yes, but there is no reason why they should
     6        not be identified to the Defendants, is there?
     7
     8   MR. RAMPTON:  Yes, because they are materials which I intend to
     9        use in cross-examination.
    10
    11   MR. JUSTICE BELL:  So what?
    12
    13   MR. RAMPTON:  So that I should lose a legitimate element of
    14        surprise.
    15
    16   MR. JUSTICE BELL:  That was just the point you were saying that
    17        the Defendants ----
    18
    19   MR. RAMPTON:  No, the witness's own references.  It is
    20        different.
    21
    22   MR. JUSTICE BELL:  I do not accept that, unless you can quote
    23        some authority.  It is never the way I have had litigation
    24        conducted.
    25
    26   MR. RAMPTON:  No, my Lord, it is, with respect, a different
    27        situation from the normal situation.  Normally when one has
    28        a case with expert, and your Lordship has had far more
    29        cases than I ever have with experts, but my experience is
    30        one gets an expert report and by one route or another,
    31        usually from the other side who is calling he expert, you
    32        get the references.  They do not know in advance of their
    33        expert being put into the witness box which references the
    34        other side's counsel is going to rely on in
    35        cross-examination.
    36
    37   MR. JUSTICE BELL:  You mean all references are copied anyway?
    38
    39   MR. RAMPTON:  Yes, or the ones which the expert is going to rely
    40        on.  If one is going to rely on anything different from the
    41        expert's own references then, of course, one would have to
    42        give notice.
    43
    44   MR. JUSTICE BELL:  Are you saying that, for instance, if Miss
    45        Dibb has 170 references to a booklet which has been served
    46        on you as if it were a supplemental proof of evidence, so
    47        we have to treat it in that light, and she says or she has
    48        indicated to you by some means or other that she wishes to
    49        refer to these 20, then you can, even though we do not have
    50        them copied and in bundles, wait until you cross-examine 
    51        her and put to her numbers 21, 23 and 23. 
    52 
    53   MR. RAMPTON:  That is different.  I accept that.
    54
    55   MR. JUSTICE BELL:  Which although she may have referred to them
    56        in a booklet she may well not have read for 18 months.
    57
    58   MR. RAMPTON:  I agree with that, but if they are any of the ones
    59        from 1 to 20, then I am not obliged to say which of
    60        those -----

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