Day 053 - 22 Nov 94 - Page 36
1 MS. STEEL: In both cases.
2
3 MR. JUSTICE BELL: Dr. Arnott?
4
5 MS. STEEL: Yes. I know we did ask more questions but,
6 actually, some of the references, some of the pages that
7 Mr. Rampton referred you to yesterday were not where we
8 were asking about causal relationship. It was where we
9 were asking about "link", and the witness was saying there
10 is not a causal relationship. We felt that the Plaintiffs'
11 witnesses were stalling. They were trying to dodge the
12 issue of whether or not there was a link by saying there is
13 not a causal relationship.
14
15 As I said, it is difficult to go into detail of specifics
16 without having prepared fully on this, but we do feel that
17 we did not specifically concentrate on "cause", as we would
18 have done had that been what was in the pleadings from the
19 word go, or at least from when Mr. Rampton took over last
20 July, when he was, he claims, fully aware that it was all
21 about "cause".
22
23 I think, as another example, I can remember you asking
24 Professor Crawford about "cause" and promotion, or you
25 asked about "cause", and he said something about
26 promotion. That was not something that we had gone through
27 in great detail with him, either. If "cause" had been the
28 specific issue, the only issue, then I think we would have
29 gone into more detail about that.
30
31 MR. JUSTICE BELL: Professor Crawford is your witness. He is
32 going to come back, whatever. You will certainly be at
33 liberty to ask him anything you want about that and talk to
34 him, as I have already indicated, in advance.
35
36 MS. STEEL: The thing is, even if the witnesses are recalled, it
37 is not the same as having started out from that position,
38 because we would have approached cross-examination in a
39 wholly different way and presented our case in a different
40 way, as well. Also, it means that some of the Plaintiffs'
41 witnesses are going to be giving evidence after ours have
42 given evidence. It is going to involve a lot more work.
43
44 Perhaps if we move on?
45
46 MR. JUSTICE BELL: Yes. 12 is a point you have made already, is
47 it not?
48
49 MS. STEEL: Yes. I would specifically remind you about my
50 opening speech there, where it was clear what we thought
51 what the issues were; and it is not surprising we thought
52 they were issues, since they were what was pleaded.
53
54 Going on to 13, although we recognise that the word "cause"
55 has been used on some occasions during pretrial hearings
56 and in his opening speech, to us, when he was using that,
57 it was an exaggeration. If I may say so, if we followed
58 everything that Mr. Rampton says in court, we would be
59 completely baffled by now, because he says all kinds of
60 things. For example, you may remember, during the argument
