Day 087 - 10 Feb 95 - Page 03
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2 MR. JUSTICE BELL: Why do you not hand them up to me? I will
3 put the documents in tab 13 and I will just look at the
4 addendum to his statement.
5
6 MR. MORRIS: Yes, No. 22 is the addendum. I think everyone else
7 has the addendum but you did not.
8
9 MR. JUSTICE BELL: I think that had better go behind his
10 statements because when I look back at those ----
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12 MR. MORRIS: Before you close the file, there are two more
13 packaging, part of that set, 23 to 28, are related to
14 Professor Ashworth's evidence. It was just some stuff we
15 got from the Tidy Britain Group about street environment/index.html">litter control
16 notices that we did not actually use in cross-examination
17 but they are there if they need to be ---
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19 MR. JUSTICE BELL: Right. Let me have a look at that.
20
21 MR. MORRIS: -- looked at.
22
23 MR. JUSTICE BELL: I will put them in 14.
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25 MR. RAMPTON: I have not seen it.
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27 MR. JUSTICE BELL: I will tuck them away in 14. I am not going
28 to look at them carefully.
29
30 MR. RAMPTON: I wanted to say something about this. Unless
31 documents are both of relevance and necessity in this case,
32 there being already so many documents in the case, and
33 leaving aside any consideration of the number of trees
34 involved, there is an expenditure of time and money,
35 particularly Mrs. Brinley-Codd's time, in making copies of
36 all the documents and having to file them in a way which
37 everybody can follow, then I do suggest to your Lordship
38 that it may be better just to leave it on one side. It was
39 not used in cross-examination. For all I know, it has no
40 evidential value at all. I have not seen it. I am a bit
41 averse to just loading the case up with unnecessary
42 documents for the reasons that I have indicated.
43
44 MR. MORRIS: Yes, to be honest, in many ways I agree with
45 Mr. Rampton.
46
47 MR. JUSTICE BELL: Do you actually want this in the bundles?
48 That is the first question.
49
50 MR. MORRIS: The thing is, we had not served it before Professor
51 Ashworth, so we did not question him about them because we
52 had not served them. But, arguably, they are not necessary
53 I think for the rest of the case, but just in case it comes
54 up as relevant, then at least they have been served with
55 plenty of time rather than at the last minute if we think a
56 witness may need to see them.
57
58 MR. JUSTICE BELL: I think there is considerable merit in what
59 Mr. Rampton has said, but on this occasion I will put them
60 in tab 14. I am going to write a note "not to be looked at
