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,

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