Day 070 - 20 Dec 94 - Page 60


     
     1
     2   MR. MORRIS:  We have quite a lot of anxiety about the closing
     3        speeches, not just because of the sheer volume of work.
     4
     5   MR. JUSTICE BELL:  Try to put that to the back of your mind and
     6        concentrate on the evidence.  I will give you as much help
     7        as I can about how to go about that.
     8
     9   MR. RAMPTON:  My Lord, I should say this, I would not even
    10        remotely consider consenting to the Defendants going
    11        second.  If, however, the Lord Chief Justice -- I did not
    12        know it perhaps not surprisingly because he has not said it
    13        yet -- were to indicate that there should be some kind of
    14        prior exchange at least on some sketch basis of closing
    15        speeches, that will in any event -----
    16
    17   MR. JUSTICE BELL:  I have not read the draft very clearly --
    18        perhaps I should not be talking about it at all -- but it
    19        is something along those lines.
    20
    21   MR. RAMPTON:  One other thing I should say which neither your
    22        Lordship nor the Defendants will know, it is not my habit
    23        in closing a case for the Plaintiff to pay very much
    24        attention to what the Defendants have said in their closing
    25        speech, whoever they be.  It is my habit to concentrate on
    26        the evidence.  Where the other party has misrepresented the
    27        evidence, that is different, but I am not generally --
    28        I hope your Lordship will think rightly -- very much
    29        concerned with what the other side says in the closing
    30        speech, particularly with a judge alone, because it is not
    31        normally very much of an impression that one makes; the
    32        judge is more concerned about the effect of the evidence.
    33
    34        My Lord, can I say this, since Mr. Morris has raised
    35        closing speeches perhaps some considerable time ahead of
    36        their occurrence, it would be helpful to me certainly,
    37        much, much nearer the time, to know what sort of approach
    38        your Lordship would favour.  Obviously, at the end of a
    39        case like this one could speak for six weeks.  I do not
    40        suppose anybody would be very pleased about that.  It might
    41        be, I do not know -- I float this idea now for
    42        consideration much further down the line -- one idea that
    43        has occurred to me is that it might be that your Lordship
    44        would simply want, for example, a statement of the issues
    45        as borne out in the evidence but with, perhaps, references,
    46        I do not know.
    47
    48   MR. JUSTICE BELL:  I think we had better wait for the practice
    49        direction, if it comes, but the sort of thing in relation
    50        to each compartment, first of all, what meaning you contend 
    51        for so far as the leaflet is concerned; secondly, what the 
    52        issues are as you see them; thirdly, what are the main 
    53        facts which you set out to establish, and then what you say
    54        the major parts of the evidence are which I should bear in
    55        mind in relation to those facts.
    56
    57        If you do that under each of the heads, you will have the
    58        essential structure of your final speeches.  Let us talk
    59        about it much nearer the time.
    60

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