Day 032 - 06 Oct 94 - Page 03
1 your understanding. If there is a document (in which I
2 would include a book in this kind of case) which one of
3 your witnesses is going to refer to (and the same would
4 apply to McDonald's) it is not really for the party whose
5 witness is going to refer to it to decide what they think
6 is material because the other side, from their rather
7 different aspect, may think that other parts are
8 material.
9
10 Having said that, I appreciate that is very easy if you
11 have something which is, say, a maximum of 20 pages, but
12 if it is 200 pages you can run into practical
13 difficulties.
14
15 MR. MORRIS: This one is 293 pages.
16
17 MR. JUSTICE BELL: I think what you have to do -- I will come
18 back to this particular situation in a moment -- if in the
19 future witnesses are going to refer to a particular book,
20 by all means produce photocopies of what you consider to
21 be the relevant parts, but make sure somewhere in advance
22 the whole book gets into the hands of the other side on
23 loan for a period, even if you say: "Look, we have given
24 you photocopies of some pages of this. Our witness Mr. X
25 is going to refer to it; we would like to lend it to you
26 for a week. Can we have it back at the end of next week?"
27 or something of that kind. That is just a practical
28 suggestion so we do not run into this kind of situation.
29
30 How long do you think Dr. Lobstein is going to be in
31 answer to your questions and Ms. Steel's questions, i.e.
32 in-chief?
33
34 MR. MORRIS: I am not sure -- most of today for certain.
35
36 MR. JUSTICE BELL: Then I think it may be a question of lending
37 your copy of the booklet overnight. What I suggest is
38 that if Dr. Lobstein refers to part of the text which is
39 dependent upon a table, he brings that to our attention
40 because he is probably more familiar with the book than
41 anyone else in court.
42
43 MR. MORRIS: Yes.
44
45 MR. JUSTICE BELL: Then we will have to think about getting
46 photocopies as we go along. In fact, if I might ask you,
47 Dr. Lobstein, before you are sworn, are there particular
48 tables which you know now you are going to refer to?
49
50 THE WITNESS: I am wondering if it is necessary to refer to
51 tables at all. I think the sorts of statements I would
52 want to make are actually in the text that has already
53 been served.
54
55 MR. JUSTICE BELL: If you can ----
56
57 THE WITNESS: Inevitably, if the text is challenged, the text
58 is written on the basis of tables, then the tables would
59 have to be referred to.
60
