Day 062 - 06 Dec 94 - Page 63


     
     1   Q.   No, you cannot look into that, but do you know what the
     2        work is likely to be like?
     3        A.  It would take going over about 400 items, between 300
     4        and 400 different items, and looking up whether that would
     5        be filled in right or not.  So, it would take quite some
     6        work for somebody to just note whether it is noted or not
     7        and then do the calculation from those which are noted.
     8
     9   MR. MORRIS:  Obviously, we are happy to do that work but if it
    10        is easier to have the documents or easier for them to do
    11        the work, that is fine by us.
    12
    13   MR. JUSTICE BELL:  Do you know if the documents are available?
    14        A.  The document are available, to my knowledge.
    15
    16   MR. JUSTICE BELL:  Is there anything you want to say about it,
    17        Mr. Rampton?
    18
    19   MR. RAMPTON:  My Lord, only this, that so far as I am aware the
    20        Defendants have not yet -- they may do but certainly not in
    21        any questions to Mr. Oakley or to Mr. Mallinson or yet to
    22        Mr. Van Erp -- made a sensible case for a significant
    23        distinction between post-industrial and post-consumer waste
    24        so far as the environment is concerned which is what we are
    25        concerned about.  If they were to do that, then my
    26        suggestion would be that it would probably be simpler in
    27        the end for Mr. Van Erp, as it were, to whip some
    28        subordinate into doing the summary for him.  It might not
    29        take all that long.  It would certainly save the Defendants
    30        a burden which my impression is they could well do without.
    31
    32   MR. MORRIS:  We are touched by Mr. Rampton's concern.
    33
    34   MR. JUSTICE BELL:  I think if you are prepared to do that, it
    35        would be a kindness to the Defendants.  What I am just
    36        anxious about (as, I think, you perceive is), I do not
    37        think this is the way Mr. Morris is intending it, but one
    38        party putting the other party's witnesses to a lot of work
    39        to get the information they went.  When you go away at the
    40        end of your evidence or at the end of your evidence for the
    41        time being, can you set something in motion along those
    42        lines?
    43        A.  Yes.  I can relatively quickly probably get a figure of
    44        which percentage is known, then the second question, doing
    45        the sums for it might take some more time.
    46
    47   MR. JUSTICE BELL:  What I suggest you do, and Mr. Rampton may
    48        talk to you about it afterwards or Mrs. Brinley-Codd or
    49        Mr. Atkinson, is see how far you get and put some
    50        information in Mrs. Brinley-Codd's hands.  She can (or 
    51        someone on her behalf), if she would be so kind, inform 
    52        Ms. Steel and Mr. Morris what you are getting to and it can 
    53        be seen whether it is worth doing more work or not.  If I
    54        have to arbitrate on it, I will, but see how we go.
    55
    56   MR. MORRIS:  Can I say something?  Obviously, it would save any
    57        confusion if we had the documents themselves because there
    58        may well be further questions to ask about, if we only get
    59        partial information, bearing in mind the history of this
    60        case -----

Prev Next Index