Day 036 - 13 Oct 94 - Page 62


     
     1        not know about when Mr. Brown can come.  But certainly we
     2        would want her.  Yes, that would give us an extra couple
     3        of days to prepare for the advertising so we have our
     4        papers organised.
     5
     6   MR. RAMPTON:  With respect, that is completely wrong.  If
     7        Mrs. Brophey is giving evidence, the Defendants are not in
     8        a position to prepare for advertising.  What is more they
     9        will probably have an additional two days to six, making
    10        eight, in the weekend before they have to cross-examine
    11        Mr. Hawkes.
    12
    13   MR. JUSTICE BELL:  What I think we should do is hope that we
    14        finish Mr. Cox, Professor Crawford recalled, Dr. Millstone
    15        and Mr. Cannon recalled by the end of Friday,
    16        21st October.  We have Mr. Hawkes starting on the morning
    17        of Friday 28th, but we do not insert Mrs. Brophey into the
    18        week before then.  So you have the four days of that week,
    19        such part of the weekend before as you choose to use for
    20        preparation for advertising.  It will be easier to arrange
    21        for the proper care of your son, Mr. Morris, because you
    22        will be able to be at home nearly the whole week, if you
    23        choose.  We go on with advertising then, looking for an
    24        opportunity to call Mrs. Brophey when convenient and
    25        hopefully without undue delay.
    26
    27        That is what, in my view, we should do.  I think it is
    28        possible -- I know her evidence may be intertwined with
    29        what we have heard -- to treat Mrs. Brophey as someone who
    30        can be called at a later stage when convenient.  Is there
    31        anything else about timetable?
    32
    33   MR. RAMPTON:  Yes, there is.  There is this -----
    34
    35   MS. STEEL:  We still wanted to talk about Mr. Brown.  In
    36        relation to that, the Plaintiffs are arguing something
    37        along the lines of they have admitted such and such, but
    38        the admission is only a partial admission.  We are really
    39        quite unclear as to just what the Plaintiffs are now
    40        saying their case is.  It might help if they actually made
    41        a further admission or some kind of -- well, to clarify
    42        what exactly they are now saying and what is in issue.
    43
    44   MR. JUSTICE BELL:  In a moment I am going to say something
    45        which I have thought about.  It is not going to invite any
    46        argument.  I want to say it so that you can listen, so
    47        that it will be on the transcript and you can consider it
    48        and you can take it to show it to anyone else who may
    49        advise you.  It may relate to that or it may affect that
    50        indirectly. 
    51 
    52   MR. RAMPTON:  My Lord, before your Lordship does that, and 
    53        I welcome that indication, can I make this plea?  Before
    54        very long (and certainly before the week of 24th begins)
    55        we are given a concrete indication of the order in which
    56        the Defendants intend to call their advertising witnesses,
    57        so that we have the same opportunity of preparation that
    58        the Defendants have.
    59
    60   MR. JUSTICE BELL:  Yes.  What I would like you to be able to

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