Day 057 - 29 Nov 94 - Page 20


     
     1        on incineration.  Dr. Lipsett (or Mr. Lipsett) referred to
     2        him and his statement was taken as read.  The same would
     3        apply to any others, assuming we are going to come to food
     4        poisoning next and before the end of term, they should be
     5        done then, employment after Christmas and so on.
     6
     7   MR. MORRIS:  The general feeling on that (which we seem to be
     8        dealing with now) is that what is happening is (and what
     9        will probably continue to happen if we do not do this in a
    10        fairly systematic way) is that things get left behind and
    11        then we forget about them.  I know that is our
    12        responsibility.
    13
    14   MR. JUSTICE BELL:  At the very least, you should use part of the
    15        Christmas vacation in order to check back over the topics
    16        we have done as to whether there are Civil Evidence Act
    17        witnesses or documents you want to refer to and, if you
    18        like, we can start next term picking those up.
    19
    20   MR. MORRIS:  Yes.  It might be a useful approach on this kind of
    21        issue to set aside at least a day or a day at the end of
    22        each subject to review if there are any outstanding
    23        discovery that came up, Civil Evidence Act Notices would be
    24        appropriate, or whatever, and do that as a matter of
    25        systematic -----
    26
    27   MR. JUSTICE BELL:  I do not think we need set aside a day.  What
    28        I suggest is that on all the topics we have either
    29        completed or embarked on before the end of this term, you
    30        should use a day or so during the Christmas break to
    31        identify which Civil Evidence Act witnesses or statements,
    32        documents, need to be brought in; decide whether you are
    33        saying you want to read that out aloud for some reason, or
    34        just want me to make a note of it so that I will go back to
    35        my room and read it to myself again.  In relation to
    36        further discovery, I think you really have to raise those
    37        issues as they crop up and make a note of them so that they
    38        do not get lost.  But let us take it step by step.  We are
    39        still on witnesses at the moment.
    40
    41   MR. MORRIS:  I was just trying to summarise the outstanding
    42        points here, but obviously we need to go through the
    43        discovery.  Do you want us to get on with it and start on
    44        No. 2 and go through one by one?
    45
    46   MR. JUSTICE BELL:  No, I think as you have started on witnesses,
    47        why do we not stick there, item 3?
    48
    49   MS. STEEL:  The thing with Watson and Watson is that the
    50        statements were served but for some reason they are not in 
    51        the trial bundles, so I do not know what the position is. 
    52 
    53   MR. JUSTICE BELL:  That means I do not have copies, does it?
    54
    55   MS. STEEL:   I do not know.  They are not listed in the index.
    56        I presume that means you do not have copies, but I do not
    57        actually know.
    58
    59   MR. JUSTICE BELL:  I think you should make sure that -- are they
    60        your witnesses?

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