Day 312 - 11 Dec 96 - Page 36
1 the moment I have some doubt as to whether they are public
2 documents and admissible in that way, it seems to me it
3 would be wrong to say that they have been totally accepted
4 by the medical profession for many years, if only because
5 they had not been out for many years.
6
7 So query whether they are actually admissible as evidence
8 in their own right, but they clearly have the status which
9 the tables in Summers also had in that case in that they
10 can be referred to by witnesses who are experts, who will
11 then say, 'yes, I agree with that', or, 'I would agree with
12 that with this modification', or, 'no, I do not agree with
13 that at all'.
14
15 All of which is for me to evaluate in due course. I have
16 only said that so I am not going off on a frolic of my own
17 without the opportunity of people to comment if they wish.
18 Yes.
19
20 MR. MORRIS: Good. OK. The next thing is what we might call
21 the NUM case. We have a copy of an opinion on it and a
22 transcript of the role which you probably have, but it is
23 in the document here (handed), and there is actually an
24 article on the implications on the back of it, but this was
25 compiled for us.
26
27 MR. JUSTICE BELL: What....
28
29 MR. MORRIS: It is an opinion on it, the transcript of the
30 ruling.
31
32 MR. RAMPTON: I am not happy about this opinion. I need to know
33 its source, the purpose for which it is made and I need to
34 know the purpose for which it is submitted.
35
36 MS. STEEL: It is actually done for us to do as a closing
37 speech.
38
39 MR. JUSTICE BELL: You are not putting it in as an opinion, as
40 your legal submissions?
41
42 MR. MORRIS: Yes, sorry. I was getting the terms of art mixed
43 up there.
44
45 MR. RAMPTON: Then I would like to know why there have been
46 passages blacked out.
47
48 MR. MORRIS: They said things like 'note such and such' and 'you
49 may need to develop this' or, you know, 'if you get time to
50 check out such and such reference'.
51
52 MR. JUSTICE BELL: Anyway, it does not matter who wrote it, this
53 is what you want to say to me?
54
55 MR. MORRIS: Yes.
56
57 MS. STEEL: Yes.
58
59 MR. MORRIS: Right. I have not had time to retype it, or
60 whatever.
