Day 020 - 28 Jul 94 - Page 86
1 happening with the legal things? There is a vague ----
2 MR. JUSTICE BELL: The priority has to be to get Professor
Wheelock finished. However much one might have wanted to
3 deal with any procedural matters, we have to do that first
and see what, if any, time we have left.
4
MR. MORRIS: Certainly our preparations were, the priority was
5 to cross-examine the witness. We had not really searched
for documents.
6
MR. JUSTICE BELL: Overnight I reread the counterclaim
7 pleadings, including the further and better particulars.
Bearing in mind where publication, with which it seems to
8 me contentious matters there are most concerned, bearing
in mind where publication is on the menu, I think anything
9 to do with that could safely be dealt with when we came
back unless there is some particular way in which it would
10 be a disadvantage to you. But having read the pleadings
I cannot for myself foresee it. At the moment it is in
11 November.
12 Was there something you wanted to mention tonight which we
must deal with tonight?
13
MR. MORRIS: I did not have time to prepare anything last
14 night. I think reasonably we will not have time to bring
it up until after the break anyway.
15
MR. JUSTICE BELL: Unless there is something which must be
16 dealt with because you are concerned about a real risk of
prejudice, I think we should concentrate on getting
17 Professor Wheelock done tomorrow and then call it a day.
18 MS. STEEL: Will there be any provision during the August
break if something crops up that is incredibly important
19 to sort out before September?
20 MR. JUSTICE BELL: There will not really be as far as I am
concerned, except for the week before 12th September.
21 I am working in this building. If there was something
very urgent which could be dealt with in something like an
22 hour, it could probably be squeezed in. The person to get
in touch with, apart from the Clerk of the List, would be
23 Mr. Foley, who is the clerk to the judge in chambers. But
I hope that is not necessary.
24
How confident are we about tomorrow? Could you make a
25 special arrangement and try to start at ten? Your boy, in
fact, is on holiday now, is he?
26
MR. MORRIS: Yes, he is going to play school, which means it is
27 more flexible.
28 MR. JUSTICE BELL: Would it be a good idea to start at ten, or
as soon thereafter?
29
MR. MORRIS: I am not madly keen to start earlier. I think we
30 are going to quite easily get through Mr. Wheelock. We
are absolutely committed to finishing him. We realise it
