Day 048 - 08 Nov 94 - Page 02

     1                                      Tuesday, 8th November 1994.
     3   MS. STEEL:  We are concerned about what happened yesterday when,
     4        rather than lose face and admit that the Plaintiffs had
     5        failed to serve the references that Mr. Miles had mentioned
     6        in his statement, Mr. Rampton just missed out large
     7        sections of his statement which, apart from making life
     8        difficult for us -- because we based our questions on the
     9        whole statement, and it could put us completely out of
    10        kilter, as it were -- we were concerned about how
    11        Mr. Miles's evidence would now be treated, because he did
    12        make some assertions that, generally, there was not any
    13        concern among parents, and things like that, but he has not
    14        provided any references to back that up.  So we wanted to
    15        know whether that was just going to be treated as his own
    16        personal opinion?
    18        I mean, it just seems that a lot of the time there is a big
    19        fuss made about us getting references here to back up what
    20        our experts are saying, but the Plaintiffs do not seem to
    21        think that the same applies to them, and we kind of feel
    22        that it is -- well, we are not sure what the position is,
    23        and we are concerned about it, really.
    25   MR. JUSTICE BELL:  Well, the position is simply this, that if a
    26        witness relies, in support of the statement they make, upon
    27        a paper written by somebody else or research carried out by
    28        somebody else, then that paper or research should be
    29        produced, at least if the other side asks for it, so that
    30        the other side can contest the validity of the statement
    31        which is made.
    33        If the witness purports to have particular expertise or
    34        experience which enables him or her, he says, to state that
    35        such and such is so, then one hears that, and it is then a
    36        question of what, if any, weight should be attached to it.
    38        Mr. Miles, it seemed to me, was generally making statements
    39        from the basis of what he said was his experience and, I
    40        can see, from what the Plaintiffs will argue is his
    41        particular expertise and experience.
    43        I remember one respect in which he added to that was to say
    44        that he did see details of complaints and adjudications,
    45        and he made some comment on their numbers and their kind,
    46        although I cannot remember the particular detail.
    48   MS. STEEL:  I mean, that is one of the things, you see, because
    49        his expertise, if anything, is really on the industry side
    50        of things, and if he is asserting that a certain number of 
    51        complaints were made, but most of them were not about 
    52        parents complaining about the effects on their children, 
    53        then -- well, there are two things to that.  I mean,
    54        firstly, we feel that if he is going to assert that, he
    55        should be providing those figures, statistics; and,
    56        secondly, the fact that no complaints are made, or that
    57        there are only a limited number of complaints, does not
    58        mean that if you surveyed parents they would not feel
    59        strongly about it.

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