Day 280 - 17 Jul 96 - Page 43


     
     1        back is Monday the 7th October for some formal evidence.
     2        For instance proving that certain documents are records for
     3        the purposes of the Civil Evidence Act, so that they are
     4        admissible under the Civil Evidence Act, you have got as
     5        much time as you can reasonably call for by then, starting
     6        from about now.
     7
     8   MS. STEEL:  Well, we cannot actually start straightaway because
     9        everything is in total disarray and needs to be sorted out.
    10
    11   MR. JUSTICE BELL:  I dare say but you can get hold of it fairly
    12        quickly and you can do some preparation without documents
    13        and if all your papers are in disorder, I do not think I
    14        can properly extend the length of the trial as long as it
    15        has been to cope with that.   I have said something about
    16        this to you before.  I do not remember any time when I was
    17        at the bar when I would not have welcomed another hour or
    18        two or another day to get better prepared.  But a limit has
    19        got to be put so that you can work to it.
    20
    21   MS. STEEL:  It is just that it seems that we might have a week
    22        at the end which is effectively going to be useless which
    23        could put to good use before hand.
    24
    25   MR. JUSTICE BELL:  It is certainly not useless.  If we finish a
    26        week earlier because of that, if my judgment comes earlier
    27        than that, so much the better.  I am not saying we should
    28        take the whole of the Autumn term to deal with submissions.
    29        I am saying there is no way we should go -- I do not know
    30        the end of the autumn term and if you can finish
    31        comfortably before the end of it, so much the better.  Do
    32        you want to say anything Mr. Morris?
    33
    34   MR. MORRIS:  No.
    35
    36   MR. JUSTICE BELL:  Well, I will give these directions.  That we
    37        will resume on Monday the 7th October for any evidence
    38        which is required formally to prove documents which have
    39        not been agreed between the parties.  We shall resume on
    40        Monday the 14th October, after the beginning of
    41        submissions.  If we do not need the week of Monday, the 7th
    42        October or all of it for proving documents then you may
    43        have it as extra preparation time.  But the defendants'
    44        submissions must finish not later than Friday the 26th
    45        November.  I am content to leave to it you as to whether
    46        one of you presents your submissions first, followed by the
    47        other, or whether you propose to present them in two parts,
    48        but I would like you to tell me as you start to make your
    49        submissions, which procedure you propose to follow.  I will
    50        restrict Mr. Rampton to three sitting weeks.  That is
    51        fifteen sitting days for his submissions and you will be
    52        entitled to reply to Mr. Rampton on points of law only
    53        after he has spoken.  If my recollection serves me
    54        correctly, you can really only reply to points of law which
    55        he has raised, arguments of law which he has raised for
    56        first time, but I am prepared not to be strict about that
    57        and if you have suddenly got to grips with some legal
    58        argument, I will allow you to respond, but your response
    59        must finish by the end of term if, indeed, you want to
    60        respond at all, and that is a timetable which will both

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