Day 189 - 20 Nov 95 - Page 42
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2 MR. MORRIS: We do not want to call him.
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4 MR. JUSTICE BELL: Where is he? In Ireland?
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6 MR. MORRIS: He is in Ireland.
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8 MR. JUSTICE BELL: I suggest a time is picked when I deal with
9 any issues which there are as to leave to call additional
10 witnesses like Mr. Beech. Since the Thomas Caulfield
11 matter has been in the arena and directory by what another
12 or others have said, I would be minded to give you that
13 leave, unless Mr. Rampton had some particular argument to
14 raise against it as it is clearly not a brand new matter.
15 Yes, thank you.
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17 MR. MORRIS: OK.
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19 MR. JUSTICE BELL: What I propose to do now is to give my
20 judgment and ruling on the meaning in relation to
21 nutrition.
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23 What I propose to do is hand it down, so it is in the
24 public domain anyway, but I do not propose to read the
25 early parts. If you look at page 1 and thereafter, it sets
26 out the issue. If you look from page 4 in the draft and
27 there onwards, it sets out -- page 2 sets out the leaflet
28 and the words complained of; page 4 sets out the meanings
29 alleged by the parties; page 8 and following sets out the
30 law; page 15 onwards sets out the arguments put to me or a
31 summary thereon.
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33 What I propose to do is read from the top of page 22
34 "Conclusions", but the parts which I have referred to are
35 part of this judgment, but I do not see any need to read
36 them out.
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38 (For Judgment, please see separate transcript)
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40 MR. JUSTICE BELL: What I suggest is that the parties, or those
41 who represent them, read the whole of the judgment which I
42 have given, including the parts which I have merely handed
43 down. Obviously, I am not inviting it but if there is any
44 application for leave to appeal by any party, I will deal
45 with that when it is raised, be it Thursday morning or any
46 later stage, if at all.
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48 Is there anything else before the witness on Thursday?
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50 MR. RAMPTON: No. There is something about the witness on
51 Thursday. Again, I prefer to raise it possibly in advance,
52 my Lord. The witness's statement which is Harriet Lamb --
53 she is No. 29 -- is a sort of a composite. I expect your
54 Lordship has noticed that. It is a composite by reason of
55 the fact that it is partly a statement -- that is the least
56 part of it -- partly a couple of interviews and partly an
57 attendance note taken by her solicitors for the purposes of
58 some other proceedings which she has chosen to disclose, so
59 nothing arises on that.
60
