Day 241 - 26 Apr 96 - Page 13


     
     1
     2   MR. MORRIS:  Right.
     3
     4   MR. JUSTICE BELL:  There is one other matter with regard to
     5        scheduling, it is not so much scheduling save indirectly.
     6        On Wednesday, I gave a direction about service of
     7        statements from Mr. Dunbar and Mr. Caulfield, if they were
     8        forthcoming.  On reflection, I am minded to feel that it
     9        was an unnecessarily complicated order.  You will remember
    10        it was to the effect that any further statements should be
    11        served by 31st May and, in any event, I think I said not
    12        less than 28 days before we finish the evidence.  There are
    13        two reasons, I happily admit, I have begun to regret that.
    14
    15        Firstly, I think 31st May is probably too late and,
    16        secondly, it puts you at some peril because if you did get
    17        them in on 31st May and then found that we were finishing
    18        the evidence on 25th June, you would fall foul of my
    19        direction.  So I will hear anything anyone wants to say,
    20        but what I propose to do, subject to any argument, is say
    21        that there should be service of statements from either of
    22        those witnesses by 4 p.m. on Friday, 17th May, which,
    23        hopefully, would allow at least four weeks and probably
    24        six, possibly six, before the end of the evidence.
    25
    26        Whether I give leave, if they are served by then, I do not
    27        know, because I do not know what their contents are going
    28        to be, although I have a good idea in Mr. Caulfield's
    29        case.  I do feel I should indicate that I am unlikely to
    30        give leave to any party to call any further witness a
    31        statement from whom has not been served by 17th May at
    32        least.  That applies to all parties because its service,
    33        even by that date, hopefully, will leave not more than six
    34        weeks to the end of the evidence, which really might be
    35        thought to be the shortest reasonable time for the other
    36        side, for whoever serves the statement for the other side,
    37        to take some responsive action.
    38
    39        As it happens, it may help you if your witnesses know that
    40        there is that kind of deadline.  It is, in fact, three
    41        weeks from today.  I do it bearing in mind what you have
    42        said about you have been calling for statements from them
    43        for some time.
    44
    45   MR. MORRIS:  Yes.  We do not object as regards those employment
    46        witnesses, but we feel that there should be some
    47        flexibility regarding the two outstanding subjects which
    48        will be nutrition and publication.  We have to make our
    49        application regarding nutrition which we are not going to
    50        do today regarding admissibility of evidence on heart 
    51        disease. 
    52 
    53        Depending on that, there may be discussion about the need
    54        for further witnesses or whatever.  We are not asking for a
    55        ruling on that now.  We are just saying that we hope there
    56        will be some flexibility if the matters develop; the same
    57        with publication, should matters develop on that, bearing
    58        in mind that the case has changed dramatically in the last
    59        couple of weeks and we are considering an appeal or we are
    60        preparing an appeal on that subject.

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