Day 303 - 19 Nov 96 - Page 46


     
     1        statement of fact and what can be relied on and so on.
     2
     3        You will have two extra days of preparation on Wednesday,
     4        tomorrow, and Thursday the 21st.  You come back.  All this
     5        is with a view to you the more efficiently getting through
     6        what you have to say on publication and counterclaim on
     7        Friday and the first three days of next wee week.  Quite
     8        frankly, I think it would be better if, when you come back
     9        on Friday morning but keeping yourselves strictly
    10        disciplined, you start off by saying what you have to say,
    11        if anything, in relation to the rest of employment.  You
    12        take your heart out at the beginning of the morning and if
    13        you have something in note form, be it word processed or in
    14        longhand, you can hand that in if you like.  But, subject
    15        to something extraordinary and unforeseen happening, I do
    16        want to keep you to Wednesday, the 27th for finishing what
    17        you have to say, apart from submissions of law.  Do you
    18        understand?
    19
    20   MS. STEEL:   Yes.  What day is the absolute last day of term?
    21
    22   MR. JUSTICE BELL:  The last day of term is Friday, 20th
    23        December.  But experience teaches me that it is completely
    24        unsound to work on the basis that we have up to 4 p.m. or
    25        4.30 on such and such a day, especially when we are going
    26        to break off for three weeks to finish because that leaves
    27        no margin for error, misjudgment, someone not feeling well,
    28        getting delayed, as Mr. Morris was for whatever reason this
    29        morning.
    30
    31        I am not entirely surprised that you have asked for time
    32        and I was originally contemplating that you might take
    33        tomorrow for preparation.  I have extended it by a day, but
    34        I really think at this stage, and bearing in mind that the
    35        publication evidence was heard relatively recently, that
    36        you are in the thick of it yourselves, whether you accept
    37        that you were actually there or not, you were in the thick
    38        of whatever was or was not going on at the time.
    39
    40        The counterclaim matter is essentially very simple in my
    41        mind.  In so far as it depends upon what actually happened
    42        as opposed to what you believed, you will have gone through
    43        the issues of fact.  You say the burden of proof switches,
    44        but there we are.  You have gone through the various topics
    45        and you have acquainted me with the various documents.  You
    46        have cross-examined Mr. Preston as the embodiment of the
    47        Company, as to what they were doing and what they had in
    48        mind; Mr. Nicholson about how the counter campaign, as it
    49        were, was planned, and I actually think two days is much
    50        more than enough on counterclaim, but I am allowing it
    51        anyway.
    52
    53        So I will extend the schedule I have set down to that
    54        extent.  You can have Wednesday and Thursday for
    55        preparation.  We will resume on Friday morning with up to
    56        about half an hour on employment and you have then got
    57        through until the end of Wednesday to deal, between you,
    58        with publication as it affects each of you and the
    59        counterclaim of each of you.  Then I will go on to what
    60        Mr. Rampton puts before me either orally or in writing.

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