Day 057 - 29 Nov 94 - Page 19


     
     1        succeeded in turning it around to be an attack on the
     2        Defendants rather than they should have to justify and to
     3        have sanctions against them if it is allowed for this late
     4        amendment.  His case on the animals, the animals section,
     5        I found it incomprehensible.
     6
     7   MR. JUSTICE BELL:  You have no right of reply to his reply, you
     8        know.  I was happy to give you an opportunity to voice your
     9        concern on the question of cause.  Unless you have suddenly
    10        thought of a point which you did not mention before which
    11        you would like to mention, let us close the argument there.
    12
    13   MR. MORRIS:  No.
    14
    15   MR. JUSTICE BELL:  As I have said, I will take time to consider
    16        the matter and give my decision with reasons in due
    17        course.  What I suggest is we take our five-minute break
    18        there.  Then we will come back to Mr. Morris' sheet and any
    19        matters we can usefully dispose of, at least so far as
    20        argument is concerned, today.
    21
    22                            (Short Adjournment)
    23
    24   MR. MORRIS:  If we just maybe have a brief resume of the
    25        discovery of Plaintiffs' documents; most of those will be
    26        fairly simple matters to discuss.  The witnesses ----
    27
    28   MR. JUSTICE BELL:  You may have to remind me a little of some of
    29        these; some come to mind but not all of them.
    30
    31   MR. MORRIS:  Yes.  The witnesses are about whether they are
    32        appearing and whether they should appear.  Obviously,
    33        Mr. Van Erp is now dealt with anyway so that can be crossed
    34        out or ticked.  The counterclaim, that might be a bit -----
    35
    36   MR. JUSTICE BELL:  Are there any others under 3B that you are
    37        concerned with at the moment?
    38
    39   MR. MORRIS:  I think that was the general point about when we
    40        deal with Civil Evidence Act Notices, because we are
    41        conscious that some have been passed by.
    42
    43   MR. JUSTICE BELL:  Most convenient to me would be to deal with
    44        them while we are on that particular section.  If there are
    45        any on nutrition, you can forget those for the moment
    46        because, whatever my decision on the amendment, we are
    47        coming back to that in the guise of Professor Crawford so
    48        you can raise them there.  If there any on advertising,
    49        I suggest you deal with those on the day Ms. Dibb comes
    50        back.  When I say "any witnesses", I do not just mean 
    51        formal witness statements, but documents on which you have 
    52        put an informal or consider you have put an informal Civil 
    53        Evidence Act Notice.
    54
    55        If there are any in recycling and waste apart from, was it,
    56        Dr. Comet whom I have already made a note of, we should
    57        deal with those within the next few days.  When I say "we
    58        should deal with them", it does not mean that if you forget
    59        within the next few days you cannot bring it in later, but
    60        that would be the most convenient way of doing it.  He was

Prev Next Index