Day 145 - 29 Jun 95 - Page 57
1 recalled, either for further evidence or, for instance, in
2 the case of Professor Crawford, further cross-examination
3 by Mr. Rampton, so that, for instance, they can be
4 specifically asked, "What is your view of that?", then
5 I will reconsider it.
6
7 MR. MORRIS: Or indeed if it is found they may not need to be
8 recalled at all, it is possible.
9
10 MR. JUSTICE BELL: Yes. So that if all parties agreed, well, if
11 that is what the judge has decided the meaning is, we do
12 not need to ask Professor Walker, for instance, anything
13 further in relation to it, then so be it.
14
15 So we can discuss this next week, if you like, but think
16 about it. I would like to hear from you as to what you
17 think about that and it would be helpful, Mr. Rampton, if
18 you were prepared to help on whether you think it would be
19 a useful course to take on or not.
20
21 MR. RAMPTON: I will think about it. I can see arguments for
22 and against it. I remember sometime ago I floated the idea
23 -- it was only an idea -- that your Lordship might take
24 that course in relation to all the topics ---
25
26 MR. JUSTICE BELL: Yes.
27
28 MR. RAMPTON: -- at the end of the evidence and before anybody
29 got down to seeing what evidence was relevant, because, of
30 course, the question, what meaning the words bear, is quite
31 unaffected by the evidence that has been given in court.
32 It must be completely unadulterated by any impression that
33 the evidence might have made on anybody's mind in court.
34 The two things are completely unconnected.
35
36 Then one could see what findings with the 12/13ths your
37 Lordship, if I may put it like that, has made about the
38 meanings. In certain circumstances, one could see one
39 could then ignore very large chunks of the evidence when it
40 came both to closing speeches and to judgment. That is an
41 idea that I float.
42
43 MR. JUSTICE BELL: If need be, we can discuss that when the
44 evidence has been completed and before I give some time, as
45 I will do, for preparation of speeches. But my present
46 concern -- really to say again in other words what I have
47 tried to say a moment ago -- if it is thought to be
48 advantageous, for instance, in order to enable the parties
49 to decide, firstly, whether such and such a witness needs
50 to be recalled and, secondly, if he does need to be
51 recalled, what questions should be put to him, if it is
52 helpful in relation to that for me to decide now or before
53 the end of term, or at the very beginning of next term,
54 what the actual meaning is on the nutrition element of the
55 leaflet, I would like to hear argument in relation to it.
56 I will make a decision in relation to it one way or other.
57 I am disinclined to do it against the will of any party.
58 I would like you to think about it.
59
60 MR. RAMPTON: My Lord, we will certainly do that. My Lord,
