Day 242 - 29 Apr 96 - Page 48
1 Lordship feels a need for further evidence on the ground
2 not so far covered and raised or foreshadowed by your
3 Lordship's meaning, then both sides must, in our respectful
4 submission, be given the opportunity to cover that ground
5 in evidence; whether that is by reference to people whose
6 witness statements have already been served but which need
7 extension and, therefore, leave, or by the calling of a
8 fresh witness, perhaps does not matter very much, provided
9 that the principle is the same on both sides, both sides
10 have the opportunity to cover the ground not so far
11 covered. So far as the use of court time is concerned, it
12 matters not in the least what the identity of the witness
13 is. I put it another way, if I may, if we are to be
14 confined, then so too must the Defendants.
15
16 MR. JUSTICE BELL: Yes. Thank you.
17
18 I will give a separate ruling on the matters which have
19 been raised.
20
21 (For ruling, please see separate transcript)
22
23 MR. JUSTICE BELL: What about the voluntary further and better
24 particulars?
25
26 MR. RAMPTON: I am sorry, before your Lordship moves on to that,
27 can I mention that Professor Naismith is available from the
28 beginning of the week of 20th May which is where I have
29 written in nutrition witnesses anyhow. He can do 20th,
30 21st or 22nd May. I will put him and Mr. Fairgrieve
31 together, obviously -- I cannot. My Lord, I am sorry,
32 I spoke prematurely, but anyhow Professor Naismith can do
33 the beginning of that week.
34
35 MR. JUSTICE BELL: I would like Ms. Steel and Mr. Morris to see
36 what they can obtain from Professor Crawford, but the fact
37 is Professor Naismith's statement was only served at the
38 end of last week.
39
40 MR. RAMPTON: Yes.
41
42 MR. JUSTICE BELL: Those dates are three weeks ahead which may
43 be enough time for the Defendants to obtain instructions.
44 It seems to me the most important person to go to is
45 Professor Crawford. Professor Naismith can be
46 provisionally put in on those days, but provisionally only
47 until I have heard from Ms. Steel and Mr. Morris about how
48 they have got on with Professor Crawford.
49
50 I must say, Professor Crawford had a commendable ability to
51 deal on his feet with any ball bowled at him. I assume you
52 know where he is. If you can get a prompt response from
53 him, well and good. In any event, if Professor Naismith is
54 called, then it does mean (which is probably preferable)
55 that you will be bringing Professor Crawford back after
56 Professor Naismith.
57
58 MS. STEEL: As far as I know, Professor Crawford is still at
59 the same place; I certainly hope he is.
60
