Day 189 - 20 Nov 95 - Page 42


     
     1
     2   MR. MORRIS:  We do not want to call him.
     3
     4   MR. JUSTICE BELL:  Where is he?  In Ireland?
     5
     6   MR. MORRIS:  He is in Ireland.
     7
     8   MR. JUSTICE BELL:  I suggest a time is picked when I deal with
     9        any issues which there are as to leave to call additional
    10        witnesses like Mr. Beech.  Since the Thomas Caulfield
    11        matter has been in the arena and directory by what another
    12        or others have said, I would be minded to give you that
    13        leave, unless Mr. Rampton had some particular argument to
    14        raise against it as it is clearly not a brand new matter.
    15        Yes, thank you.
    16
    17   MR. MORRIS:  OK.
    18
    19   MR. JUSTICE BELL:  What I propose to do now is to give my
    20        judgment and ruling on the meaning in relation to
    21        nutrition.
    22
    23        What I propose to do is hand it down, so it is in the
    24        public domain anyway, but I do not propose to read the
    25        early parts.  If you look at page 1 and thereafter, it sets
    26        out the issue.  If you look from page 4 in the draft and
    27        there onwards, it sets out -- page 2 sets out the leaflet
    28        and the words complained of; page 4 sets out the meanings
    29        alleged by the parties; page 8 and following sets out the
    30        law; page 15 onwards sets out the arguments put to me or a
    31        summary thereon.
    32
    33        What I propose to do is read from the top of page 22
    34        "Conclusions", but the parts which I have referred to are
    35        part of this judgment, but I do not see any need to read
    36        them out.
    37
    38            (For Judgment, please see separate transcript)
    39
    40   MR. JUSTICE BELL:  What I suggest is that the parties, or those
    41        who represent them, read the whole of the judgment which I
    42        have given, including the parts which I have merely handed
    43        down.  Obviously, I am not inviting it but if there is any
    44        application for leave to appeal by any party, I will deal
    45        with that when it is raised, be it Thursday morning or any
    46        later stage, if at all.
    47
    48        Is there anything else before the witness on Thursday?
    49
    50   MR. RAMPTON:  No.  There is something about the witness on 
    51        Thursday.  Again, I prefer to raise it possibly in advance, 
    52        my Lord.  The witness's statement which is Harriet Lamb -- 
    53        she is No. 29 -- is a sort of a composite. I expect your
    54        Lordship has noticed that.   It is a composite by reason of
    55        the fact that it is partly a statement -- that is the least
    56        part of it -- partly a couple of interviews and partly an
    57        attendance note taken by her solicitors for the purposes of
    58        some other proceedings which she has chosen to disclose, so
    59        nothing arises on that.
    60

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