Day 103 - 14 Mar 95 - Page 03

     1        are actually ordered to be brought to court because the
     2        rights of parties to litigation are not the be and end all
     3        of rights in this country, but I have not looked all that
     4        up again.  You will have to try to find it in the White
     5        Book.
     7        A situation where it used to occur but, as a matter of
     8        practice no longer arises, is where, for instance, someone
     9        who had suffered a misadventure under medical treatment
    10        wanted to sue, perhaps, a doctor and records were held by a
    11        Health Authority which had absolutely nothing to do with
    12        that case and they wanted to get the medical records of
    13        them.
    15        Quite frankly, you have to get started on that.  I will
    16        give you any help I can once you have got started.  I am
    17        reluctant to find myself in the position, as I have said
    18        before, where I am advising one party or the other on what
    19        to do in their best interests because, although I do not
    20        want you to be at a disadvantage because you are not
    21        legally qualified, I would put myself in an unenviable
    22        position if I start to try to help you as one of the
    23        parties to the action.
    25   MR. MORRIS:  If the relevance of the documents is a sort of
    26        basic point in the application that we may make or may find
    27        out about, it might be helpful if it was recognised by
    28        yourself that the documents, meaning the carcass
    29        temperature file, taken by our witness Miss Hovey were
    30        clearly relevant to this case.  Then we can say -----
    32   MR. JUSTICE BELL:  I think you have to identify as specifically
    33        as you can the precise documents.  It is a start, but it
    34        may not be much help just to say "a particular file"
    35        because a file may include a whole lot of documents, some
    36        of which are relevant, some of which are not, some of which
    37        are in the power of one person and some of which are in the
    38        power of another.
    40        I think the best thing is to continue with Dr. Pattison.
    41        I may give it a bit more thought over the mid-day
    42        adjournment and say more then if I have time.
    44        The third category of case which I had in mind, in fact,
    45        relates only to personal injury actions.
    47   MR. MORRIS:  That is the special statutory provision ones?
    49   MR. JUSTICE BELL:  That special statutory provision under the
    50        Supreme Court Act.  It only relates to personal injury 
    51        matters, but if you wanted to look at it, you would find it 
    52        dealt at Order 24 r.7A, page 158 and following of the 
    53        up-to-date White Book.  Look also at Order 38 r.13 and,
    54        particularly, the first note to that and come back to me,
    55        if you want.
    57        At this stage in the proceedings, before I start making
    58        orders against people who are not actually parties to the
    59        proceedings, it may very well be that I would want to hear
    60        the evidence of any relevant witnesses called by the actual

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