Day 163 - 25 Sep 95 - Page 49
1 MR. MORRIS: I am sorry, I did not get back before.
2
3 MR. JUSTICE BELL: I would like just to spend a couple of
4 minutes seeing where we are going this week or it is
5 anticipated what we will cover this week.
6
7 MR. RAMPTON: Yes.
8
9 MR. JUSTICE BELL: What is the position?
10
11 MR. RAMPTON: There are some outstanding questions of discovery
12 to be dealt with. We have not yet had any discovery from
13 the Defendants on the counterclaim. I want to raise a
14 question about Jane Brodie's transcripts which apparently
15 have gone back to her about which I am distinctly unhappy.
16 Beyond that I think, my Lord, the other applications are
17 all the Defendants' applications. The only one which is
18 neutral is the scheduling. That is plainly as important,
19 if not more important than, as any other topic that we have
20 to deal with. Discovery is probably of equal importance.
21
22 MR. JUSTICE BELL: How long are all these matters going to
23 take? Assuming that I do not give my ruling on them all
24 straightaway, if only because it seems to me it is
25 convenient if I have it word processed and then I can hand
26 it down so the Defendants have a copy of it which they can
27 read, how long is that argument going to take?
28
29 MR. RAMPTON: So far as my applications are concerned a little
30 time indeed, about a total of 20 minutes I should think.
31 One is just to ask the Defendants to comply with an order
32 your Lordship has already made and the other is to raise an
33 argument about Jane Brodie's transcripts as I am rather
34 disturbed about that. So far as the Defendants' discovery
35 applications are concerned, I cannot say how long they will
36 take.
37
38 MR. JUSTICE BELL: How long do you think, Mr. Morris and
39 Ms. Steel, the remaining arguments are going to take? Are
40 we going to finish them tomorrow? I say I may be slightly
41 delayed in the morning. I am not going to give a marketing
42 because I expect I will be here by half past 10, but I may
43 be a minute or two minutes late for personal reasons.
44
45 MR. MORRIS: It may be completed in a day. I do not know.
46
47 MR. JUSTICE BELL: Then what is next?
48
49 MR. RAMPTON: Then, my Lord, I would suggest that the scheduling
50 ought to be done before we start the evidence, if it is at
51 all possible, because it has actually, perhaps it is
52 nobody's fault, become all rather complicated and
53 intricate. The other thing is the argument on the meaning
54 of the leaflet in relation to nutrition which, if your
55 Lordship is intending to make a ruling sooner rather than
56 later, perhaps also we ought to try to do on Wednesday.
57
58 MR. JUSTICE BELL: Will you be ready to go on to that?
59
60 MS. STEEL: I do not think so.
