Day 255 - 23 May 96 - Page 44


     
     1        little bit disorganised today.
     2
     3   MR. JUSTICE BELL:  We will have the 5-minute break now.  I must
     4        say that I was hoping that you would complete your
     5        cross-examination this afternoon,.  If you do not, it seems
     6        to me it is unrealistic for me to put a time limit on it,
     7        what will be after quarter past 3 that you have to finish
     8        this afternoon, but when you come back after the break,
     9        I think you really have to be able to tell me just what
    10        other areas with some precision you have got to cover, and
    11        how long you expect them to take, because I do not know
    12        whether we can get Mr. Nicholson in that week when we have
    13        got Dr. Campbell and Mr. Fairgrieve, but I think it might
    14        be helpful if I did after this afternoon put a time limit
    15        on the balance of your cross-examination.  In fact, in some
    16        ways I think it helps you if I put times limit on.  But in
    17        order to decide whether I should put a time limit and, if
    18        so, how long it should be, I would like to know just what
    19        you have in mind as matters which you must cover with Mr.
    20        Nicholson in order to put your case.
    21
    22        Do not forget what I said when we were on employment, that
    23        I am not suggesting that cross-examination is unimportant
    24        but your own evidence is important as well, and publication
    25        and counterclaim is an area in which you are going to call
    26        evidence yourselves.
    27
    28   MS. STEEL:   Part of the problem is really that we have just
    29        been rushing around so much over the past week trying to
    30        sort out the appeal.
    31
    32   MR. JUSTICE BELL:  Do not say anything more about that.  I will
    33        come back at 20 past 3.
    34
    35   MS. STEEL: I was just going to say that all that means is that
    36        maybe we do not get time to pick out the questions that
    37        maybe we do not really need to ask, and it just means that
    38        we have to go through them just in case because we have not
    39        been able to sit and think about whether or not they need
    40        to be asked.
    41
    42   MR. JUSTICE BELL: I will come back at 20 past.  We will go on
    43        until about ten past 4 this afternoon, unless you think
    44        that if we went on for another half hour after that, you
    45        would finish Mr. Nicholson.  When we come back in order to
    46        hear Dr. Campbell on Tuesday week, I would like you to be
    47        well organised with regard to the remainder of Mr.
    48        Nicholson and able to tell me just what you have to cover.
    49
    50   MR. RAMPTON:  My Lord just ---- 
    51 
    52   MR. JUSTICE BELL:  The point is I have to say, I will repeat 
    53        what I have already said:  You may well have matters which
    54        I have not cottoned on to which you need to put to Mr.
    55        Nicholson, but if you sat down now, I do not really think
    56        you would be letting anything go, bearing in mind that you
    57        have evidence of your own to call.  But there you are.
    58
    59   MR. RAMPTON:  My Lord, can I say one thing on behalf of the
    60        miserable copying machine.  It is going to be cast into

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