Day 206 - 22 Jan 96 - Page 13
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2 MR. JUSTICE BELL: Yes.
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4 (See separate transcript for ruling)
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6 MR. RAMPTON: My Lord, logically, Dr. North comes next,
7 I suggest, because he is a similar case, in our
8 submission. My Lord, there are two new statements by
9 Dr. North, one on his conclusions from the outbreak at
10 Preston or, rather, the report which was done as a
11 consequence of that outbreak by, I think it was by Public
12 Health Laboratory people; and then there is the question of
13 pesticide residues, which is the subject of a second
14 further statement from Dr. North. My Lord, the starting
15 point for the Preston document -----
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17 MR. JUSTICE BELL: Where was that filed away, because I have not
18 kept it with my -- I think I was told somewhere to put it.
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20 MR. RAMPTON: What was that, my Lord?
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22 MR. JUSTICE BELL: The one in relation to Preston. I have the
23 one in relation to pesticides and campylobacter here, but
24 I think I was given the one that -----
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26 MR. RAMPTON: Mrs. Brinley-Codd has put them all together in
27 blue volume 1B at section E, tab 1B. She has put them all
28 together, my Lord.
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30 My Lord, your Lordship will remember how this arose. The
31 Defendants, in effect, tried to get Mr. North to
32 reinvestigate Preston. I objected to that on what I could
33 see to be the proper ground, what they alleged was
34 admitted. In the end, it finished up with Mr. North being
35 encouraged to read the Preston report, to assume the facts
36 stated in it were true, and then see whether he had any
37 expert view to offer on the particular matters which arose
38 from the Preston report. The best starting point for that
39 is probably the transcript for 24th March 1995.
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41 MR. JUSTICE BELL: Assume that to be correct for the moment. On
42 what basis do you object to Dr. North's report?
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44 MR. RAMPTON: My Lord, "object" is too strong a word. I do not
45 believe, apart from the fact that it contains some matters
46 which are plainly for your Lordship -- that is a problem,
47 if I may say so, for your Lordship and not really for me,
48 because I do not mind; plain enough Mr. North is not going
49 to usurp your Lordship's decision-making process.
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51 MR. JUSTICE BELL: No, but he is entitled to give me his
52 opinion, is he not?
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54 MR. RAMPTON: If he can.
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56 MR. JUSTICE BELL: Whatever may be said about some other
57 witnesses presented as expert witnesses, he does have
58 appropriate qualifications.
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60 MR. RAMPTON: Yes, I am sure he does. I am not objecting to its
