Day 169 - 04 Oct 95 - Page 34


     
     1        I would only add this, since it is by no means his first
     2        putative return to court, although, of course, one has to
     3        look back at the evidence, to remind oneself that the
     4        Defendants are not starting all over again with their
     5        continuing cross-examination of Mr. Fairgreave.  It is not,
     6        as it were, a new enterprise or should not be.  Anyhow, I
     7        will leave it at that.  I will do whatever your Lordship
     8        asked me to do in so far as it is humanly possible.
     9
    10   MR. MORRIS:  There is a large amount of stuff to go through
    11        before Mr. Fairgreave, and the fact he has been before
    12        actually means extra work in checking back over transcripts
    13        because I do not want to ask the same questions that we
    14        asked before.  I do not think we asked any.
    15
    16   MR. JUSTICE BELL:  There was not an awful lot of him.
    17
    18   MR. MORRIS:  It all broke down in the middle, did it not?
    19
    20   MR. JUSTICE BELL:  There was the best part of about a morning to
    21        start with.  Then it became apparent that he needed to get
    22        further information.  He came back on a subsequent occasion
    23        and was only here about an hour.  Quite frankly, I think
    24        you should be able to be ready for Mr. Fairgreave on the
    25        Monday.  It has this advantage, that if I said that we sit
    26        next week on Monday, Tuesday and Wednesday, but I would be
    27        content with Thursday and Friday as preparation days, then
    28        what you would have to do is cope with Mr. Fairgreave on
    29        the Monday and Tuesday and we will come back to Bath
    30        documents on the Wednesday because it seems to me,
    31        Mr. Rampton, you should be able to cover most of your
    32        enquiries by then.
    33
    34   MR. RAMPTON:  I am pretty sure I will be able to give your
    35        Lordship -----
    36
    37   MR. JUSTICE BELL:  Then we will leave over meaning to Friday
    38        20th when it is.  It means you will probably get a couple
    39        of days at the end of next week where you can brush up on
    40        meaning and get to grips with Mr. Mehigan's evidence which
    41        is to come in at the beginning of the next week.
    42
    43        If I can just come back to meaning again, how you approach
    44        it is entirely a matter for you, but at the moment on the
    45        transcripts you have three possible meanings:  You have the
    46        meaning for which I gave the Plaintiffs leave to amend; you
    47        have the meaning which I contemplated as a possible
    48        alternative in my judgment giving leave to amend; you have
    49        the meaning which, in an attempt to help you, I spoke out
    50        in open court at the beginning of this term which in many 
    51        respects might be thought to be midway between the two 
    52        meanings canvassed in my judgment getting leave to amend. 
    53        If you do not agree, if you do not bat for one of those
    54        three meanings or something close to it, I would like you
    55        to write down on paper what you say the meaning is.
    56        I think I have said this before, as France Bacon said,
    57        "writing maketh an exact man", or words to that effect,
    58        and I think it will help you resolve it in your own mind,
    59        it certainly always helps me, if I have to write it down.
    60

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