Day 145 - 29 Jun 95 - Page 55


     
     1        Mr. Rampton had this on his list, just to have a list of
     2        all the outstanding witnesses that have been part heard or
     3        deferred or whatever.  I think there are some other matters
     4        we felt were not so urgent and we have not included them.
     5
     6   MR. JUSTICE BELL:  If there are other matters which are not so
     7        urgent, I will not hear argument on them next week, unless
     8        it is by agreement, but you might do yourself a service if
     9        you made a list of the ones which you do not think are
    10        relevant just in case when I look at them I do think they
    11        are rather urgent.  I may not have a view one way or the
    12        other but, if I did think they were urgent and should be
    13        dealt with in your interest, then I would express that
    14        view.
    15
    16   MR. MORRIS:  One of them which we have raised before anyway was
    17        the matter of closing speeches and who goes first.
    18
    19   MR. JUSTICE BELL:  I am going to have a bit of a talk about that
    20        before the end of term.  I am only going to give the most
    21        general guidance in relation to that as to an approach
    22        which I think would help me.  What I am certainly not going
    23        to do is do in relation to each topic a list of the things
    24        I would like you to address me on.  What I was thinking of
    25        doing is something which will be simple in the extreme and
    26        might, for instance, although we will come back to it,
    27        start off with what you say the meaning is of a particular
    28        part, and what the meaning is you seek to justify and,
    29        particularly, where you disagree with the meaning which is
    30        put forward by McDonald's, because in some areas I do not
    31        know whether you disagree with the meaning put forward by
    32        McDonald's.
    33
    34        To take an example, advertising, I do not know whether you
    35        agree that the words do bear the meaning which McDonald's
    36        say, or whether you go to another one.  Then we go on from
    37        that.  The next thing, for instance, might be what the
    38        facts are which you will seek to justify.  I do not mean a
    39        great long list of every detailed fact, but what you think
    40        are the important facts which you seek to justify and then
    41        just a general direction at the main bits of the evidence
    42        which you say do prove the facts which you seek to justify.
    43
    44        I will give it more thought before the end of term.  We can
    45        spend half an hour discussing it before the end of the
    46        term, but it will be something along those lines.  Is there
    47        anything more you want to say about topics for next week
    48        because I have one comment which arises out of the list?
    49
    50   MR. MORRIS:  I think that is all we want say at the moment. 
    51 
    52   MR. JUSTICE BELL:  The comment I have to say is this:  By all 
    53        means take advice on what you have described as "nutrition
    54        issue strike out", but I am not at all this far into the
    55        trial attracted by being asked to look at the merits of the
    56        case of the Plaintiffs or the Defendants or one thing or
    57        another, and then giving a separate judgment on that as to
    58        whether I think it has no merit at all or just enough merit
    59        to go on or a lot of merit.  That I find completely
    60        unattractive because I would rather deal with the matter

Prev Next Index