Day 046 - 04 Nov 94 - Page 83


     
     1        just to help these Defendants try and get their tackle in
     2        order, is show my hand at a time when I would not normally
     3        have to do so.
     4
     5   MS. STEEL:   We will speak to Miss Dibb and see which ones she
     6        is -----
     7
     8   MR. JUSTICE BELL:  I would like to think about that.  I will
     9        merely think aloud so that you can consider the position.
    10        I understand the position that where an expert witness has
    11        made a statement or disclosed a report it refers to 20
    12        scientific papers, all 20 scientific papers are copied and
    13        put in a bundle, then counsel who is going to cross-examine
    14        that witness does not have to say in advance, "You may
    15        expect me to cross-examine you on 3, 7 and 11".
    16        I understand that, but it is surprises me and maybe that is
    17        my fault, that when one has a situation where one is not in
    18        that position that the right thing to do is copy certain
    19        scientific papers which are referred to but have not been
    20        copied by the party calling the witness, and then keep them
    21        on one side of the court and then produce them as copies
    22        during cross-examination.
    23
    24   MR. RAMPTON:  No, I am sorry.  I have perhaps conceded too much
    25        ground in favour of the proposition that I was going to
    26        tread on your Lordship's toes.  No, I had not meant that.
    27        What I meant was I do not expect to be able to keep in my
    28        back pocket papers on which Miss Dibb does not intend to
    29        rely, but before I showed my complete list of intended
    30        references by me, I would like to have her list first.  All
    31        I would then do is say: "Here are the additional ones which
    32        I intend to rely on and which you have not referred to."
    33        That is all I am asking.
    34
    35   MR. JUSTICE BELL:  Let us go back to square one.  What I suggest
    36        is what I think, Ms. Steel, you were volunteering anyway
    37        but I wanted to hear the rest of Mr. Rampton's argument,
    38        that you contact Miss Dibb and do your very best to get
    39        from her a list of the particular papers which she would
    40        want to refer to, by which I mean would have to rely on in
    41        order to support any proposition which she makes in the
    42        witness box.  If she can provide copies of those, so much
    43        the better because they may be available to her or one of
    44        the bodies she represents or works for.
    45
    46        As soon you have done that, get the list to Barlows and one
    47        copy of each of the documents you have got copied, if any.
    48        Then we will take stock before she is called.
    49
    50   MR. RAMPTON:  My Lord, I undertake, if that is done, that as 
    51        soon as I get that list I will give a list by exchange 
    52        showing any papers whether referred to by her or not on 
    53        which I intend to rely.
    54
    55   MR. JUSTICE BELL:  If you have not got copies from Ms. Steel or
    56        Mr. Morris, I would be grateful if just de benesse you
    57        would send them a copy of what you have, and that is purely
    58        to save time.  If this arrangement proves not to be
    59        satisfactory we will just have to go ahead with Miss Dibb,
    60        she what she does refer to and then before you

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