Day 070 - 20 Dec 94 - Page 59


     
     1
     2   MR. MORRIS:  There is also Mr. Fairgrieve outstanding.  He may
     3        be the last advertising ----
     4
     5   MR. JUSTICE BELL:  Mr. Fairgrieve is really largely concerned,
     6        is he not, with the extent to which, if at all, McDonald's
     7        meals may influence diet?
     8
     9   MR. MORRIS:  Yes.  I am not saying he has to be first.  I am
    10        just saying we did not want to leave him out.  I think it
    11        is very important for us to have preparation time.  What
    12        generally happens is that unless there is a specific order
    13        from the judge, then if we are not careful we get very
    14        little because of the over-running of witnesses.
    15
    16        That is just something we are saying to the Plaintiffs
    17        through you, that if they are going to draft up a schedule
    18        it is important to build in overlapping time for witnesses.
    19
    20        The other thing I wanted to say is that it is very useful
    21        to have legal days such as this one, I think, every so
    22        often.  Maybe we could, I do not know if we will all need
    23        one around the time of 31st January.
    24
    25   MR. JUSTICE BELL:  I think if you feel one is either necessary
    26        or helpful, you must raise the question in advance and we
    27        can decide about that.
    28
    29   MR. MORRIS:  The other thing on the schedule I want to raise is
    30        about closing speeches.  We would like to request that our
    31        closing speeches come after the Plaintiffs' closing speech
    32        for a couple of main reasons.  First of all, we have
    33        absolutely no idea how to do one and, like everything else
    34        in this case, we are learning from Mr. Rampton on how to
    35        conduct the case.
    36
    37   MR. JUSTICE BELL:  You really must leave that for the time
    38        being.  Unless Mr. Rampton were to agree to it, I think
    39        I must follow the normal procedure which is that the
    40        Defendants, even where there is a Counterclaim as well as a
    41        Claim go first, and then the Plaintiff finishes.  In this
    42        case I might well be persuaded to do it in a less clear-cut
    43        way, that we, essentially, follow that form but you have an
    44        opportunity then to say anything in reply and Mr. Rampton
    45        can come back.  Someone has to have the last word.  Our
    46        system even when there is a Counterclaim, is that, for
    47        better or worse, it is the Plaintiff.
    48
    49        Do not worry at the moment about the way you prepare your
    50        final speeches.  I will give you some help about that. 
    51        I can say that I think the Lord Chief Justice is going to 
    52        give a practice direction on 24th January which gives some 
    53        help about advance notice of contents of final speeches in
    54        complicated cases, among many other matters.  So, you can
    55        wait and see if that does happen and what it contains, if
    56        it does.  Before we go away for the period which I will
    57        give you to prepare for final speeches, I will answer any
    58        queries you raise about their form.  If you want me to make
    59        some suggestions to you about the structure and approach,
    60        I will do that as well.

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