Day 169 - 04 Oct 95 - Page 30


     
     1        wish.  He was called right at the beginning and then put
     2        off for a variety of reasons.  I can see some sense in
     3        Mr. Preston being recalled after we have heard at least the
     4        very bulk of the employment evidence, because matters may
     5        occur in the employment evidence which could sensibly be
     6        put to him.  The same may be said in relation to
     7        environment and publication, but it is much less easy to
     8        see how that might apply.  But he is your witness and,
     9        essentially, it is a matter for you.  Subject to anything
    10        either Ms. Steel or Mr. Morris wished to say about being
    11        put in any difficulty, if they do have anything to say, of
    12        course, I will listen.
    13
    14   MR. RAMPTON:  What I would really appreciate is to be told by
    15        your Lordship how many of the days next week we should try
    16        and fill with evidence and then one would go on a hunt and
    17        come back as soon as possible and tell your Lordship what
    18        our proposals are, aiming, if your Lordship thought it
    19        right to do so, for the second rather than the first half
    20        of next week partly to give ourselves more time to find
    21        people, because I am running out now of employment
    22        witnesses.  Mr. Mehigan is fixed for the 16th.
    23
    24   MR. JUSTICE BELL:  He is definitely fixed?
    25
    26   MR. RAMPTON:  He is definitely fixed for that, yes.  He is
    27        coming over here, I think, at the weekend.
    28
    29   MR. JUSTICE BELL:  What I would like you to do is find a way of
    30        filling Wednesday 11th, Thursday 12th and Friday 13th of
    31        next week.
    32
    33   MR. MORRIS:  Can I just say that, there may be some outstanding
    34        legal matters apart from the nutrition meaning, obviously
    35        the Bath documents have got to be aired preferably as soon
    36        as possible.  Certainly we hope that is resolved before our
    37        witnesses are called.  So that might be something that
    38        could sensibly be done on the 11th, say, and then a witness
    39        for the 12th and 13th.  There may be some other bits and
    40        pieces of legal matters that we want to bring up.
    41
    42   MR. JUSTICE BELL:  I do not want to spend the 11th on Bath
    43        documentation, although I want to get on with it as soon as
    44        possible, unless McDonald's feel that they have had a
    45        reasonable opportunity to look into the documents, for
    46        instance, on your list and see what is there and what is
    47        not.  If they have by early next week, then well and good.
    48        I do not see why Mr. Fairgreave should not come back on
    49        those days because at the moment the suggestion is that
    50        Monday and Tuesday will be preparation days.  I would be 
    51        surprised if he took more than a day and a half. 
    52 
    53   MR. RAMPTON:  My Lord, the other possibilities that occur to me
    54        are Mr. Bone from Jarretts who is still to give evidence.
    55        As your Lordship said, he must give evidence, if possible,
    56        before Miss Hovey returns for further cross-examination.
    57        Mr. Bateman, the paper maker.  That leaves the nutrition
    58        witnesses on one side, naturally.  We do have some
    59        flexibility.  We will find out what the availability of the
    60        candidates is and we will tell your Lordship just as soon

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