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
