Day 046 - 04 Nov 94 - Page 77


     
     1        light because I just want to look at the practicalities at
     2        this stage.  I know what is largely happening on your side
     3        of the court.  I am not being critical of it with litigants
     4        in persons.  You have obtained quite short statements from
     5        people which support the points you want to put before the
     6        court.
     7
     8        You do not have the time or the machinery to sit down with
     9        them for a day and say:  "Well, we want to go through this.
    10        What is the support for that?  We want to go through that.
    11        What is the support for that?" and so on.  But at some
    12        stage if the support for it is in research done by someone
    13        else, as opposed to Miss Gallatley sitting in and talking
    14        to children in a school hall and listening to their
    15        responses, the other side are entitled to the survey or
    16        paper upon which she relies.
    17
    18   MS. STEEL:   That is OK, but it feels like they seem to think
    19        that applies to us but it does not apply to them.
    20
    21   MR. JUSTICE BELL:  I do not think that is so.  You can certainly
    22        take the point.  You have made me alert to it for when
    23        Mr. Miles comes on Monday.
    24
    25   MR. MORRIS:  I think there is also a kind of balance here
    26        between -- obviously, 171 references would not really help
    27        anybody, I should think, in this case.  There has to be a
    28        balance between, maybe, to bring out what she thinks is the
    29        most important.
    30
    31   MR. JUSTICE BELL:  What it would normally do, if you had lawyers
    32        acting for you, they at greater or lesser expense would
    33        actually sit in a room, possibly for quite a long time,
    34        with the witness concerned and identify just what it was
    35        that he or she, the witness, was going to say.  It would
    36        not be the whole of a 50-page or whatever it is, book or
    37        booklet.  It would be selective of particular points which
    38        was wanted to make.  Then the sources in support of those
    39        propositions, in so far as they came from surveys rather
    40        than the individual's own experience, as I understand with
    41        Miss Gallatley it comes from, would be dug out and copied
    42        and served on the other side.
    43
    44        I appreciate the difficulty you have, but it has to be done
    45        somehow or other.  If it can be done in advance, that is
    46        really the proper way to do it.  The alternative, which
    47        I would be prepared to consider in this case, although I do
    48        not find it particularly attractive I am prepared to
    49        consider in this case because of your position, is to call
    50        her and see what says and then break off while she having 
    51        identified which of her references among the 170 -- maybe 
    52        it will be three, six, a dozen, 20, I do not know -- she 
    53        has in fact relied on, and then we have a gap while they
    54        are obtained, Mr. Rampton familiarises himself with them
    55        and then cross examines.
    56
    57   MR. MORRIS:  If we look at Mr. Miles' statement, Helen has
    58        already referred to one point, point 8 on page 26, tab 3:
    59        "There are a few complaints about advertisements,
    60        especially involving children since the control", etc.  How

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