Day 022 - 12 Sep 94 - Page 67


     
     1        I need to know at the moment.
     2
     3   MR. MORRIS:  There was one thing I was going to ask; the
     4        plaintiffs have said they would revert to our schedule for
     5        our own witnesses, which is quite reasonable, but that we
     6        do need to obviously try and book -- both sides need to
     7        book their witnesses in as far ahead as possible.  We feel
     8        that the week, the 12th week, which would be 24th October,
     9        which is the last week on that sheet, it would be the most
    10        appropriate for a break, partly because it is six weeks
    11        after a non-stop trial, and also it is my son's half term
    12        from school which would be helpful for me.
    13
    14   MR. JUSTICE BELL:  At the moment your witnesses go into the
    15        week where Mr. Rampton was hoping to get back to recycling
    16        and waste.
    17
    18   MR. RAMPTON:  Yes.
    19
    20   MR. MORRIS:  Our witnesses are going to be at least until
    21        Wednesday 19th, and that is allowing no slippage.  That is
    22        why the last two days of that week would be slippage.
    23
    24   MR. JUSTICE BELL:  I have to say, Mr. Rampton, that we will
    25        have to see how we go on time.  But I would find it
    26        helpful if we did finish the nutrition witnesses, if we
    27        can, in one go. Is there a problem if we finish, or do our
    28        best to finish, all the defendants' nutrition witnesses,
    29        thereby postponing, if need be, recycling and waste?
    30
    31   MR. RAMPTON:  I do not know whether there is a problem or not
    32        because I have not asked the independent people,
    33        Mr. Mallinson and Mr. Baker, whether they have a problem
    34         -- as well as Professor Ashworth -- a problem about being
    35        postponed.  I should tell your Lordship this
    36        which Mr. Morris has not mentioned.  It is that we have
    37        written to the defendants, I think on Friday, explaining
    38        that, in our view, it may be that there are some parts of
    39        their nutritional evidence which is inadmissible in some
    40        small part on the ground of hearsay, because it is only
    41        experts who can give hearsay evidence in the normal way,
    42        but largely on the ground of relevance.  That applies with
    43        particular force to Professor Crawford, who I understand
    44        to be a cardiologist.  In the light of the admission that
    45        there is an accepted association between certain kinds of
    46        diet and coronary heart disease, it may be doubtful
    47        whether he has any relevant evidence to give.  If he does
    48        not, then I shall want to save him a journey.  There may
    49        arise an opportunity in this coming week to have an
    50        argument about that; I certainly would not want to do it 
    51        now. 
    52 
    53   MR. JUSTICE BELL:  If the defendants can organise for
    54        Dr. Barnard to come -- I see he is down for Monday, 10th,
    55        and Tuesday 11th.  It is clearly important we stick to
    56        that, if possible.
    57
    58   MR. RAMPTON:  Yes.  All I am saying is that time may be gained
    59        in week 9 -- I cannot read this piece of paper, but
    60        I think it is 3rd October, where there are two days

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