Day 014 - 20 Jul 94 - Page 60


     
     1        absolutely candid about what the paper did actually
              disclose -- suddenly starts producing references to papers
     2        out of the air when one has not had a chance to see them.
              That is what I am trying to guard against.  That is not
     3        any sleight on you whatsoever, Professor Wheelock.  It is
              just that is the basis for the -- it is because of
     4        wariness about that that we have the rule or rule of
              practice at least.
     5
         MR. RAMPTON:  We will do the best we can to find those papers.
     6        I dare say Dr. Arnott will be the best source for the
              Finnish paper because it is paper about cancer and fat
     7        intake.  By the same token, I will if the defendants'
              experts should make reference to papers which have not
     8        been produced to us, make a very great deal of fuss.
              I say that for this reason, that we have only been given a
     9        selection thus far of the papers referred to in their
              reports.
    10
         MR. JUSTICE BELL:  The point I am taking now is absolutely no
    11        different to the point I made to the defendants in the
              week before it was expected to call Mr. Lipsett.
    12
         MS. STEEL:   We are in the process of compiling ours.  We have
    13        served about half of them so far.
 
    14   MR. JUSTICE BELL:  Mr. Lipsett produced some papers in relation
              to that.
    15
         MR. RAMPTON:  I know he did but he produced it in a form at a
    16        time which, I have to say, that aspect of the case is a
              relatively unimportant one. This is a very important
    17        aspect of the case.
 
    18   MR. JUSTICE BELL:  The point I am making is not a point made
              against one particular party; it is a general point which
    19        happens to have arisen in the course of the evidence of
              one of your witnesses.
    20
         MR. RAMPTON:  I have accepted your Lordship's point.  We will
    21        do our best.  August is approaching.  Apparently, the
              defendants are about halfway through providing copies of
    22        the references of their experts.  I am not going to be
              here in August myself.  I mean, I am not going to be in
    23        England.  It is going to be difficult for me to be given
              those references in preparation for cross-examination of
    24        the defendants' witnesses.  I, therefore, do earnestly
              urge your Lordship to require the defendants to serve
    25        these documents before the end of July.
  
    26   MR. JUSTICE BELL:  I think we should do some stock-taking next 
              week about some of the evidence generally.  For instance, 
    27        there is a particular medical witness you have who at the
              moment is Civil Evidence Act, I think, one of the bundles
    28          -----
 
    29   MS. STEEL:   Mr. Barnard.
 
    30   MR. JUSTICE BELL:  No, he is a gentleman who is a member of a
              group of American physicians.

Prev Next Index