Day 083 - 06 Feb 95 - Page 60
1 MR. JUSTICE BELL: Yes. What do you suggest about continuing
2 the argument on the interlocutory matters?
3
4 MR. MORRIS: I think it would be helpful if we could do them.
5 I think the counterclaim matters are important because it
6 is a fundamental point that affects all the evidence in the
7 case.
8
9 MR. JUSTICE BELL: Is it something I have not yet ruled on?
10
11 MR. MORRIS: Yes, it is something you have not yet ruled on. In
12 effect, it is arguing that the Plaintiffs should identify
13 what sections of the Fact Sheet they are saying are not
14 true and any related matters to do with that.
15
16 MR. JUSTICE BELL: I cannot remember now, is Mr. Atherton based
17 in London?
18
19 MR. RAMPTON: He sometimes is and he sometimes is not.
20
21 MR. JUSTICE BELL: But he, presumably, was going to be in London
22 tomorrow?
23
24 MR. RAMPTON: He is going to be in London tomorrow, Wednesday,
25 Thursday and Friday.
26
27 MR. JUSTICE BELL: I think we should say not before 2.00
28 tomorrow for Mr. Atherton. If we break into the argument
29 at sometime late tomorrow morning, we can decide whether
30 that is realistic or not, 2 o'clock.
31
32 MR. RAMPTON: No, he is quite content.
33
34 MR. JUSTICE BELL: In other words, we have something like the
35 same arrangement we had with Professor Keen.
36
37 MR. RAMPTON: Yes, he has written off the next four days anyway
38 and will be in London. My Lord, this is slightly difficult
39 but I am not anxious to postpone Mr. Ashley Bowes unless it
40 is absolutely necessary. I would not in the normal way
41 dream of making any enquiry about Ms. Steel's funeral, but
42 your Lordship does have a power to make enquiry as to
43 whether it is a funeral that she needs to attend. I am
44 choosing my words as carefully as possible because I do not
45 want to tread on anybody's toes -- on the contrary -- or
46 whether it is necessary that she should be here on that
47 Tuesday while Mr. Bowes is giving evidence. If she should
48 wish not to be here, then she is quite at liberty not to be
49 here. She does not have to attend court. It is not a
50 criminal case. She can come and go as she wishes. I leave
51 it there.
52
53 MR. JUSTICE BELL: That we can certainly consider, but I do not
54 propose to enquire as to the -- the feeling of obligation
55 to attend a funeral is very much in the mind and heart of
56 the person who wishes to go. I do not propose to make any
57 enquiry as to who it is or what kind of relationship
58 Ms. Steel had with the person who has died. The other
59 question of whether the case can proceed at all and, if so,
60 to what extent in her absence is another matter entirely.
