Day 012 - 18 Jul 94 - Page 04


     
     1   MS STEEL:  Defendants' witness statements.
 
     2   MR. MORRIS:  It is the blue one.
 
     3   MR. JUSTICE BELL:  He is in bundle 1, section J or section H.
 
     4   MR. MORRIS:  There were also two other things served on --
              (Pause) ----
     5
         MR. JUSTICE BELL:  I will put that behind Mr. Gardner's
     6        original statement.
 
     7   MR. MORRIS:  He says it supplements his statement, so you may
              want to put it in front of that?  It supersedes all the
     8        previous statements.
 
     9   MR. RAMPTON:  Would your Lordship like some dividers?
 
    10   MR. JUSTICE BELL:  Yes, that would help.
 
    11   MR. MORRIS:  There were two other things served by the
              defendants on Friday following receipt of counterclaim of
    12        the further and better particulars of the counterclaim, or
              before that:  A letter regarding Robert Beaver's further
    13        testimony which I do not have with us.  I thought it would
              be brought today, but it could be brought tomorrow,
    14        presumably.  Basically, you said we should write to the
              solicitors and say what information we would like him to
    15        bring.  There is very little time before the summer break
              for him to give evidence, so we suggested the first week
    16        after the break he could come back.  I think that was the
              same, I think we suggested Paul Preston as well for the
    17        first week after the break -- get them out of the way.
 
    18   MR. JUSTICE BELL:  While you are mentioning that, if one of the
              things you still say should be discovered any statistics
    19        in relation to accidents to employees, as opposed to
              children falling over and so on, I would like you to give
    20        a little bit of thought to that and so that before the end
              of term you can ask me about that, and in order to help me
    21        in relation to any application you want to make, renewed
              application for those statistics, I would like you to find
    22        for me (because it saves me time) where I ruled on it
              before.
    23
              Secondly, I think Mr. Rampton said something in his
    24        opening  -- I may have got the context wrong -- about
              making allegations about accidents but only coming up with
    25        a certain number.  That may be a complete mis-remembering
              on my part, but if Mr. Rampton did say something like 
    26        that, I would like you to turn that up.  In fact he may 
              find it himself.  I may find it by the time you make any 
    27        application.  I have just something in the back of mind
              that there was some comment like that made.
    28
         MR. MORRIS:  The other thing we served was our fourth
    29        supplementary list of documents on nutrition of which we
              did not bring you a copy.  We thought you would get a copy
    30        today from the plaintiffs but it -- it has been done
              today.

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