Day 060 - 02 Dec 94 - Page 76


     
     1        not finished packaging.
     2
     3   MR. JUSTICE BELL:  If you cannot finish on Monday, you cannot
     4        finish on Monday.  I think you should do your very best to
     5        finish on Monday.  If you spend a bit of time over the
     6        weekend, plotting your cross-examination -- no doubt you
     7        have a lot of questions written down; you may or may not
     8        have divided them up into sections and decided which of you
     9        is going to ask about what -- but I would invite you to
    10        spend a bit of time over the weekend doing that.
    11
    12        Remember what I have said before, you do not have to chase
    13        every hair.  Remember that if you have laid the ground for
    14        argument in due course, as you have done very clearly about
    15        what is recyclable and what is not, so far as polystyrene
    16        foam is concerned, you can then leave the subject for this
    17        reason.  You are unlikely to make the position any better,
    18        and you might just get an answer that the witness has not
    19        yet thought of which makes your position worse.  So, bear
    20        that in mind and let us see if we cannot finish Mr. Oakley
    21        on Monday.
    22
    23   MS. STEEL:  As I said, we will try, but I do not want to give a
    24        guarantee.  I do not think it is possible to give a
    25        guarantee.
    26
    27   MR. MORRIS:  I think also there is slight difference between,
    28        say, someone like Mr. Mallinson, who was scheduled for two
    29        days as an expert witness, and Mr. Oakley, who is a senior
    30        vice president of the Plaintiffs.
    31
    32   MR. JUSTICE BELL:  I am not inviting further discussion.  I am
    33        encouraging you to see if you cannot finish Mr. Oakley on
    34        Monday.  If you cannot, you cannot.  Do your best, and if,
    35        looking back over your notes and thinking how best you can
    36        order them helps, so be it.  In any event, we go on to
    37        Mr. Van Erp on Tuesday.  I am not going to ask you about
    38        when Mr. Oakley can come back if he does not finish on
    39        Monday.  We will deal with that as and when the problem
    40        arises, if it does arise.
    41
    42                 (Adjourned until Monday, 5th December 1994)
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