Day 087 - 10 Feb 95 - Page 58


     
     1        related to Mr. Clark and Mr. North's visits, because really
     2        if we get to discovery on that we will not have to apply
     3        for ones that Mr. Atherton was relying on in his evidence.
     4        A lot of them are similar.
     5
     6   MS. STEEL:  In relation to temperature tests, it should be for a
     7        period of at least a week rather than just the one day they
     8        made the visit, because obviously on the day that
     9        inspections are made people are going to be much more
    10        careful about what they are doing.
    11
    12   MR. RAMPTON:  My Lord, I ought to add to that that which
    13        Ms. Steel does not know (but will do when I cross-examine
    14        Mr. Clark when he is called as a witness) is that he made
    15        his visits unannounced.
    16
    17   MR. MORRIS:  Can I say two or three outstanding points?
    18        Firstly, obviously we have not had a chance to look at in
    19        detail what the Plaintiffs have disclosed such as it is
    20        today, but they did say that the UK report and review 1990
    21        referred to by Kasper Van Erp during his evidence is not
    22        relevant to matters in issue.  Based upon the evidence that
    23        we heard from Mr. Van Erp when it seemed, from his evidence
    24        certainly, that it was absolutely relevant -----
    25
    26   MR. JUSTICE BELL:  Remind me more about that.  What was the
    27        report again?
    28
    29   MR. MORRIS:  We were trying to find out what the recycling
    30        content and the general policy was before 1991, because
    31        virtually every document that had been disclosed by the
    32        Plaintiffs on this issue was post the time of the libel.
    33        One of the documents we had was -- I cannot remember the
    34        actual document now -- but it included that they had done a
    35        review and a report.  I do not know which one came first.
    36        There were two procedures involving documentation in 1990,
    37        and when questioned about it he said that he had seen or
    38        heard of those.  I cannot remember what he said exactly,
    39        but my recollection was that the things he said pointed to
    40        that they were relevant to the matters in issue.
    41
    42   MR. JUSTICE BELL:  If you can find just where he said that and
    43        let me know, if you can, on Monday, if only because on the
    44        assumption that we are not going to be sitting on Tuesday,
    45        I may think about my decision and reasons for it on that
    46        day on the various matters which both sides have addressed
    47        me on.
    48
    49   MR. MORRIS:  The last couple of the things I would say, just to
    50        finish off.  I cannot remember if you have a copy of the 
    51        Preston report. 
    52 
    53   MR. JUSTICE BELL:  Yes, I did.  I could not find it at first,
    54        but I did eventually find where I put it and therefore
    55        I handed the copy you lent me back.
    56
    57   MR. MORRIS:  It should actually be accompanied by the minutes of
    58        the local authority -----
    59
    60   MR. JUSTICE BELL:  No, I have never had that.  My copy ends with

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