Day 175 - 18 Oct 95 - Page 49


     
     1   MR. RAMPTON:  No, only the Monday was the only day that I asked
     2        to be kept clear, only Monday.
     3
     4   MR. JUSTICE BELL:  I do not think there is any reason why it
     5        must be Friday, but it must be soon.  So, I am not minded
     6        to stand in your way if you ask me to do it next week.
     7        What I will do is I will say though we really must get on
     8        with it, let me say on Tuesday, and we should be able to
     9        dispose of the argument comfortably in a day.  It is not
    10        necessarily an easy matter so I will reserve my decision,
    11        but if we do not finish it in a day, we will run into the
    12        Wednesday.
    13
    14   MS. STEEL:   I was actually planning to go away for a couple of
    15        days next week.  I do not have to go, but if there is no
    16        particular reason for having it on Tuesday, Thursday would
    17        be preferable.
    18
    19   MR. JUSTICE BELL: Does it make any difference to you,
    20        Mr. Rampton?  I will say Thursday.  We should dispose of
    21        the argument within a day comfortably, I would hope, but
    22        people should be prepared to come back on Friday for any
    23        reason whatsoever if it runs into Friday.  It is not an
    24        invitation to run it into Friday.  I really think we can
    25        get through the argument in a day.  I will almost certainly
    26        reserve my decision and give my ruling some time in the
    27        following week after that.
    28
    29   MR. RAMPTON:  My Lord, I would say this (and I know I will be
    30        accused of winding things up by some people) but I have to
    31        say it just the same because of past experience.  I do need
    32        the Defendants to not use the legal argument as an excuse
    33        for not organising their witness schedule for the coming
    34        weeks; I really do need the notice.
    35
    36   MR. JUSTICE BELL:  I am acceding to your request in respect of
    37        that.  You have my direction of notice of any further
    38        matters, the five clear days notice.  What we must do is
    39        carry on with witnesses on Monday week, that is the next
    40        week, because we must get through them.  Hopefully, we will
    41        complete Mr. Whittle tomorrow and complete Mr. Turnbull
    42        tomorrow.  If we do, we will not sit on Friday; if there is
    43        any over run, it will have to go into Friday.  We will not
    44        sit after Friday until Thursday of next week when we will
    45        do the legal argument on the meaning in relation to
    46        nutrition.
    47
    48        Remember when we are arguing about nutrition you may, as
    49        litigants, be concerned where the meaning takes you so far
    50        as the result of the case is concerned, but that is no 
    51        concern in deciding the meaning.  In fact, everyone has to 
    52        go through the mental exercise of putting out of their mind 
    53        where it takes us, so far as the evidence we have already
    54        heard.  We have just to decide what the meaning is.
    55
    56   MR. MORRIS:  Yes, I mean, we still have -----
    57
    58   MR. JUSTICE BELL:  The one thing which is not relevant is what
    59        evidence has been given in relation to nutrition one way or
    60        the other.  That is why I say we ought to be able to get

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