Day 081 - 31 Jan 95 - Page 63


     
     1        answer be?
     2
     3   MR. CLARK:  Can I sleep on it my Lord?
     4
     5   MR. JUSTICE BELL:  You can sleep on it and come back in the
     6        morning you.  Would then be committed to being in London
     7        anyway.
     8
     9   MR. CLARK:  I could get the next shuttle home.
    10
    11   MR. JUSTICE BELL:  An extremely conscientious man if you then
    12        went to your department but that is another matter!
    13
    14   MR. CLARK:  Is that reasonable, my Lord, I will give you an
    15        answer tomorrow?
    16
    17   MR. JUSTICE BELL:  I think it is.  We can all come back in the
    18        morning and decide about it, but I think I have to ask you
    19        what you actually want to do.  If I have not given you a
    20        warning of some other possible disadvantage in calling
    21        Mr. Clark it is only because I have not thought of it, but
    22        the factors I did think were merely matters I thought
    23        I ought to say to you; not to point you in one direction or
    24        another, but merely because if you were experienced counsel
    25        or a solicitor you would be aware of that possible thin
    26        ice.
    27
    28   MS. STEEL:  I think probably if we got legal advice tonight that
    29        might be a good idea, if we are going to come back tomorrow
    30        morning.
    31
    32   MR. JUSTICE BELL:  I think it is best we do come back tomorrow
    33        morning.  If we came back to tomorrow morning and one way
    34        or another we had time during the day, would you be ready
    35        to deal with the BSE issue or do you still want time for
    36        that?
    37
    38   MS. STEEL:  We were supposed to be seeing someone on Thursday
    39        night about that, well, provisionally.
    40
    41   MR. MORRIS:  There are other legal matters which could be dealt
    42        with tomorrow.
    43
    44   MR. JUSTICE BELL:  If you did call Mr. Clark do you have any
    45        idea of how long you would be asking him questions in-chief
    46        if he did go into the witness box?
    47
    48   MS. STEEL:  I think it is extremely unlikely to be more than an
    49        hour; probably more likely half an hour or something like
    50        that. 
    51 
    52   MR. JUSTICE BELL:  So there is no way we could extend, if that 
    53        was so, beyond about 12 noon or the mid-day adjournment?
    54
    55   MR. RAMPTON:  No, because I have only two questions in
    56        cross-examination.
    57
    58   MR. JUSTICE BELL:  Yes.  Mr. Clark, all I will say is, I am not
    59        brushing aside the practical reasons and other reasons
    60        which you have raised, if you come back in the morning and

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