Day 020 - 28 Jul 94 - Page 86


     
     1        happening with the legal things?  There is a vague ----
 
     2   MR. JUSTICE BELL:  The priority has to be to get Professor
              Wheelock finished.  However much one might have wanted to
     3        deal with any procedural matters, we have to do that first
              and see what, if any, time we have left.
     4
         MR. MORRIS:  Certainly our preparations were, the priority was
     5        to cross-examine the witness.  We had not really searched
              for documents.
     6
         MR. JUSTICE BELL:  Overnight I reread the counterclaim
     7        pleadings, including the further and better particulars.
              Bearing in mind where publication, with which it seems to
     8        me contentious matters there are most concerned, bearing
              in mind where publication is on the menu, I think anything
     9        to do with that could safely be dealt with when we came
              back unless there is some particular way in which it would
    10        be a disadvantage to you.  But having read the pleadings
              I cannot for myself foresee it.  At the moment it is in
    11        November.
 
    12        Was there something you wanted to mention tonight which we
              must deal with tonight?
    13
         MR. MORRIS:  I did not have time to prepare anything last
    14        night.  I think reasonably we will not have time to bring
              it up until after the break anyway.
    15
         MR. JUSTICE BELL:  Unless there is something which must be
    16        dealt with because you are concerned about a real risk of
              prejudice, I think we should concentrate on getting
    17        Professor Wheelock done tomorrow and then call it a day.
 
    18   MS. STEEL:   Will there be any provision during the August
              break if something crops up that is incredibly important
    19        to sort out before September?
 
    20   MR. JUSTICE BELL:  There will not really be as far as I am
              concerned, except for the week before 12th September.
    21        I am working in this building.  If there was something
              very urgent which could be dealt with in something like an
    22        hour, it could probably be squeezed in.  The person to get
              in touch with, apart from the Clerk of the List, would be
    23        Mr. Foley, who is the clerk to the judge in chambers.  But
              I hope that is not necessary.
    24
              How confident are we about tomorrow?  Could you make a
    25        special arrangement and try to start at ten?  Your boy, in
              fact, is on holiday now, is he? 
    26 
         MR. MORRIS:  Yes, he is going to play school, which means it is 
    27        more flexible.
 
    28   MR. JUSTICE BELL:  Would it be a good idea to start at ten, or
              as soon thereafter?
    29
         MR. MORRIS:  I am not madly keen to start earlier.  I think we
    30        are going to quite easily get through Mr. Wheelock.  We
              are absolutely committed to finishing him.  We realise it

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