Day 169 - 04 Oct 95 - Page 29


     
     1   MR. JUSTICE BELL:  No.  One of the ironies of the matter is that
     2        if Ms. Steel and Mr. Morris had been represented, they
     3        might well have been advised just to leave their French
     4        witnesses as Civil Evidence Act, in other words, keep low,
     5        because you were showing no signs of producing anything to
     6        refute that evidence and I might very well have been put in
     7        the position where I would have been bound to accept the
     8        written evidence in lack of anything to contradict it.
     9
    10   MR. RAMPTON:  That is the trouble because I cannot put anything
    11        in writing.
    12
    13   MR. JUSTICE BELL:  Exactly.
    14
    15   MR. RAMPTON:  I can certainly cross-examine Monsieur Lamti until
    16        I am blue in the face if he comes along.
    17
    18   MR. JUSTICE BELL:  But that is just comment by the way.
    19
    20   MR. RAMPTON:  Yes, my Lord, what it does mean is that I would
    21        appreciate some help from your Lordship with what we now do
    22        with next week, because that means that the three days your
    23        Lordship had set aside for the French witnesses are now
    24        blank unless I can find somebody else.
    25
    26   MR. JUSTICE BELL:  I think steps should be taken to fill time
    27        next week.  The provisional schedule had French witnesses
    28        to be confirmed in from Monday.  My recollection is that
    29        the idea was that they might start on Wednesday, 11th
    30        rather than earlier because you thought you could complete
    31        them in three days, and it would give Mr. Morris and
    32        Ms. Steel more time to grapple with their statements which
    33        they would have received not long before.
    34
    35   MR. RAMPTON:  Yes, that was right.  So, my Lord, I am entirely
    36        in your Lordship's hands.  Obviously now that we are at
    37        Wednesday -----
    38
    39   MR. JUSTICE BELL:  Who could you put in?  If you think of
    40        Wednesday on this basis, that Ms. Steel and Mr. Morris
    41        might say:  "Can we not have Monday and Tuesday as
    42        preparation days anyway if a witness who was going to be
    43        called later is now going to be called earlier?"  A witness
    44        of any kind -- I think we should keep away from nutrition
    45        because I have got to -----
    46
    47   MR. RAMPTON:  Yes.  I can think of several possibilities.  First
    48        of all, there is the argument on meaning which at the
    49        moment is posted for Friday, 20th.  Your Lordship might
    50        consider bringing that forwards.  Then there is always 
    51        Mr. Fairgreave, if I can lay hands on him for a day or so, 
    52        whatever is needed that week.  There is Mr. Preston, but 
    53        I think I remember your Lordship saying on the whole you
    54        prefer Mr. Preston to come back when all or most of the
    55        other evidence is completed, the Plaintiff's evidence, on
    56        the issues in the case, publication does not matter
    57        perhaps, but the other substantive issues in the case.
    58
    59   MR. JUSTICE BELL:  That is, essentially, a matter for you,
    60        because you can really call Mr. Preston back when you

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