Day 136 - 16 Jun 95 - Page 28


     
     1        might, when Mr. Rampton has had a moment to think about
     2        that, either on the Friday afternoon or the Monday
     3        afternoon talk a little more about scheduling.
     4
     5   MR. RAMPTON:  My Lord, the only other thing I would say is this:
     6          If your Lordship is proposing (and I would welcome the
     7        idea) dealing with, at any rate, most of the outstanding
     8        interlocutory items when Mr. Stein has finished, that is to
     9        say, either towards the end of the week beginning 26th or
    10        the beginning of the following week, 3rd July, it would be
    11        necessary, I would submit, that the Defendants should
    12        prepare a list of the topics that they want dealt with.  It
    13        is item 3 in part in the agenda which we supplied the other
    14        day to your Lordship.
    15
    16        If there is an application for discovery to be made by the
    17        Defendants, that they should not simply say:  "Application
    18        for discovery".  They should, as one normally must,
    19        identify the particular document they want and -- this is
    20        particularly important so that one should know where to
    21        look -- what its stated relevance is in relation to an
    22        issue which arises either on the pleadings or from one of
    23        their witness statements; otherwise what happens is they
    24        bring up the documents in court, we have no notice of it
    25        and everybody goes scurrying around to find out whether, in
    26        fact, it has already been disclosed or dealt with in an
    27        affidavit or whatever.
    28
    29        What I am asking for, without an affidavit, is the sort of
    30        schedule which one would normally get from a solicitor on
    31        an application for specific discovery under Ord. 24 r. 7.
    32
    33   MR. JUSTICE BELL:  Do your best to give as much information as
    34        you can about the applications.  Can I just -----
    35
    36   MS. STEEL:  We did say the other day we were in the process of
    37        compiling a list, so I do not know why Mr. Rampton -----
    38
    39   MR. JUSTICE BELL:  There we are.  I remember that.  The position
    40        so for as interlocutory applications which you are making
    41        is this:  As I have said before, it is up to you to make
    42        the application.  I cannot decide something until you do
    43        make the application.  I think it would be a good idea --
    44        in fact, I think everyone is agreed -- to get on and decide
    45        as much of the outstanding interlocutory matters as one can
    46        as soon as Mr. Stein has finished his evidence.
    47
    48   MS. STEEL:   I just wanted to ask something which is when you
    49        were talking about our witnesses might not be available in
    50        October -- this is something that Mr. Rampton brought up a 
    51        while ago as well -- basically it is about the summer 
    52        break, I mean, has a decision been made on -- is it going 
    53        to be the standard summer break?  Is that the assumption
    54        now?
    55
    56   MR. JUSTICE BELL:  It is at the moment.  If any party wants to
    57        consider sitting during some part, for instance, of the
    58        second half of September, I will certainly consider that.
    59        I would like you to think about it.  If you found, for
    60        instance -- I do not know whether it possible to do it; the

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