Day 265 - 19 Jun 96 - Page 18


     
     1        remember some considerable time ago now, I said that I had
     2        been involved in a Court of Appeal case when I was a
     3        barrister when I had a recollection of the Court of Appeal
     4        saying in relation to medical scientific articles that they
     5        had no status?  Something to the effect that they had no
     6        status of their own and only had as evidential statement
     7        insofar as what appeared in them was adopted by someone, a
     8        witness who was an expert in his or her own right.  That is
     9        the point it is on.  And I think we dug out the transcript
    10        of that case and everyone had copies of it.
    11
    12   MR. RAMPTON:  That is right.  I have got mine here.
    13
    14   MR. JUSTICE BELL:  I have Lord Justice Glidewell's in mind.  Can
    15        you just read it out so it goes on the transcript, the name
    16        of it.  I think you were given a photocopy at one time and
    17        at some stage during submissions in the autumn.  No doubt
    18        Mr. Rampton will put forward some argument as to what the
    19        status of the various medical articles is.
    20
    21   MR. RAMPTON:  I am afraid at the moment I do not have it.
    22
    23   MR. JUSTICE BELL:  I would invite you to look at both those
    24        authorities in addition to whatever else.
    25
    26   MR. MORRIS:  I would really appreciate copies of them because we
    27        have not got access to law libraries in general.
    28
    29   MR. JUSTICE BELL: I will arrange that you should. You definitely
    30        had a copy of that one.
    31
    32   MR. RAMPTON:  It is called Mose v Northwest Hertfordshire Health
    33        Authority and it was heard before Lords Justices Slade and
    34        Glidewell and Mr. Justice Caulfield on Thursday, 26th
    35        November, 1987.  That I take to be the date of the
    36        judgment.
    37
    38   MR. JUSTICE BELL:  That will be the date of the judgment.  I
    39        cannot remember whether it was extemporary or reserved
    40        now.  I can remember the facts of the case very well now
    41        you mention the name of the Plaintiff but they are not, the
    42        facts are not, actually relevant particularly to what was
    43        said as a matter of general principle.
    44
    45   MR. RAMPTON:  The only thing I say about it now to save the
    46        Court's blushes.  The Court said: "The appeal has been very
    47        well argued on both sides."
    48
    49   MR. MORRIS:   Can we apply to actually start at 12, partly
    50        because I have not had a chance to speak to Ms. Steel this 
    51        morning? 
    52 
    53   MR. JUSTICE BELL:  Yes.  What I want to do -- I said not before
    54        12 to Mr. Claire.  I am quite happy to sit to that.  Just
    55        let me say what I indicated I wanted to say, but Ms. Steel
    56        was not here and we wanted to get on with Mr. Cannon
    57        anyway.  I am told that Mr. Claire cannot attend tomorrow.
    58        It seemed to me that his non-attendance tomorrow need not
    59        harm you in anyway.  So what I indicate, asked Mr. Glenn to
    60        say to Mrs. Brinley-Codd, was that he need not attend

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