Day 175 - 18 Oct 95 - Page 49
1 MR. RAMPTON: No, only the Monday was the only day that I asked
2 to be kept clear, only Monday.
3
4 MR. JUSTICE BELL: I do not think there is any reason why it
5 must be Friday, but it must be soon. So, I am not minded
6 to stand in your way if you ask me to do it next week.
7 What I will do is I will say though we really must get on
8 with it, let me say on Tuesday, and we should be able to
9 dispose of the argument comfortably in a day. It is not
10 necessarily an easy matter so I will reserve my decision,
11 but if we do not finish it in a day, we will run into the
12 Wednesday.
13
14 MS. STEEL: I was actually planning to go away for a couple of
15 days next week. I do not have to go, but if there is no
16 particular reason for having it on Tuesday, Thursday would
17 be preferable.
18
19 MR. JUSTICE BELL: Does it make any difference to you,
20 Mr. Rampton? I will say Thursday. We should dispose of
21 the argument within a day comfortably, I would hope, but
22 people should be prepared to come back on Friday for any
23 reason whatsoever if it runs into Friday. It is not an
24 invitation to run it into Friday. I really think we can
25 get through the argument in a day. I will almost certainly
26 reserve my decision and give my ruling some time in the
27 following week after that.
28
29 MR. RAMPTON: My Lord, I would say this (and I know I will be
30 accused of winding things up by some people) but I have to
31 say it just the same because of past experience. I do need
32 the Defendants to not use the legal argument as an excuse
33 for not organising their witness schedule for the coming
34 weeks; I really do need the notice.
35
36 MR. JUSTICE BELL: I am acceding to your request in respect of
37 that. You have my direction of notice of any further
38 matters, the five clear days notice. What we must do is
39 carry on with witnesses on Monday week, that is the next
40 week, because we must get through them. Hopefully, we will
41 complete Mr. Whittle tomorrow and complete Mr. Turnbull
42 tomorrow. If we do, we will not sit on Friday; if there is
43 any over run, it will have to go into Friday. We will not
44 sit after Friday until Thursday of next week when we will
45 do the legal argument on the meaning in relation to
46 nutrition.
47
48 Remember when we are arguing about nutrition you may, as
49 litigants, be concerned where the meaning takes you so far
50 as the result of the case is concerned, but that is no
51 concern in deciding the meaning. In fact, everyone has to
52 go through the mental exercise of putting out of their mind
53 where it takes us, so far as the evidence we have already
54 heard. We have just to decide what the meaning is.
55
56 MR. MORRIS: Yes, I mean, we still have -----
57
58 MR. JUSTICE BELL: The one thing which is not relevant is what
59 evidence has been given in relation to nutrition one way or
60 the other. That is why I say we ought to be able to get
