Day 070 - 20 Dec 94 - Page 60
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2 MR. MORRIS: We have quite a lot of anxiety about the closing
3 speeches, not just because of the sheer volume of work.
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5 MR. JUSTICE BELL: Try to put that to the back of your mind and
6 concentrate on the evidence. I will give you as much help
7 as I can about how to go about that.
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9 MR. RAMPTON: My Lord, I should say this, I would not even
10 remotely consider consenting to the Defendants going
11 second. If, however, the Lord Chief Justice -- I did not
12 know it perhaps not surprisingly because he has not said it
13 yet -- were to indicate that there should be some kind of
14 prior exchange at least on some sketch basis of closing
15 speeches, that will in any event -----
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17 MR. JUSTICE BELL: I have not read the draft very clearly --
18 perhaps I should not be talking about it at all -- but it
19 is something along those lines.
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21 MR. RAMPTON: One other thing I should say which neither your
22 Lordship nor the Defendants will know, it is not my habit
23 in closing a case for the Plaintiff to pay very much
24 attention to what the Defendants have said in their closing
25 speech, whoever they be. It is my habit to concentrate on
26 the evidence. Where the other party has misrepresented the
27 evidence, that is different, but I am not generally --
28 I hope your Lordship will think rightly -- very much
29 concerned with what the other side says in the closing
30 speech, particularly with a judge alone, because it is not
31 normally very much of an impression that one makes; the
32 judge is more concerned about the effect of the evidence.
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34 My Lord, can I say this, since Mr. Morris has raised
35 closing speeches perhaps some considerable time ahead of
36 their occurrence, it would be helpful to me certainly,
37 much, much nearer the time, to know what sort of approach
38 your Lordship would favour. Obviously, at the end of a
39 case like this one could speak for six weeks. I do not
40 suppose anybody would be very pleased about that. It might
41 be, I do not know -- I float this idea now for
42 consideration much further down the line -- one idea that
43 has occurred to me is that it might be that your Lordship
44 would simply want, for example, a statement of the issues
45 as borne out in the evidence but with, perhaps, references,
46 I do not know.
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48 MR. JUSTICE BELL: I think we had better wait for the practice
49 direction, if it comes, but the sort of thing in relation
50 to each compartment, first of all, what meaning you contend
51 for so far as the leaflet is concerned; secondly, what the
52 issues are as you see them; thirdly, what are the main
53 facts which you set out to establish, and then what you say
54 the major parts of the evidence are which I should bear in
55 mind in relation to those facts.
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57 If you do that under each of the heads, you will have the
58 essential structure of your final speeches. Let us talk
59 about it much nearer the time.
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