Day 145 - 29 Jun 95 - Page 55
1 Mr. Rampton had this on his list, just to have a list of
2 all the outstanding witnesses that have been part heard or
3 deferred or whatever. I think there are some other matters
4 we felt were not so urgent and we have not included them.
5
6 MR. JUSTICE BELL: If there are other matters which are not so
7 urgent, I will not hear argument on them next week, unless
8 it is by agreement, but you might do yourself a service if
9 you made a list of the ones which you do not think are
10 relevant just in case when I look at them I do think they
11 are rather urgent. I may not have a view one way or the
12 other but, if I did think they were urgent and should be
13 dealt with in your interest, then I would express that
14 view.
15
16 MR. MORRIS: One of them which we have raised before anyway was
17 the matter of closing speeches and who goes first.
18
19 MR. JUSTICE BELL: I am going to have a bit of a talk about that
20 before the end of term. I am only going to give the most
21 general guidance in relation to that as to an approach
22 which I think would help me. What I am certainly not going
23 to do is do in relation to each topic a list of the things
24 I would like you to address me on. What I was thinking of
25 doing is something which will be simple in the extreme and
26 might, for instance, although we will come back to it,
27 start off with what you say the meaning is of a particular
28 part, and what the meaning is you seek to justify and,
29 particularly, where you disagree with the meaning which is
30 put forward by McDonald's, because in some areas I do not
31 know whether you disagree with the meaning put forward by
32 McDonald's.
33
34 To take an example, advertising, I do not know whether you
35 agree that the words do bear the meaning which McDonald's
36 say, or whether you go to another one. Then we go on from
37 that. The next thing, for instance, might be what the
38 facts are which you will seek to justify. I do not mean a
39 great long list of every detailed fact, but what you think
40 are the important facts which you seek to justify and then
41 just a general direction at the main bits of the evidence
42 which you say do prove the facts which you seek to justify.
43
44 I will give it more thought before the end of term. We can
45 spend half an hour discussing it before the end of the
46 term, but it will be something along those lines. Is there
47 anything more you want to say about topics for next week
48 because I have one comment which arises out of the list?
49
50 MR. MORRIS: I think that is all we want say at the moment.
51
52 MR. JUSTICE BELL: The comment I have to say is this: By all
53 means take advice on what you have described as "nutrition
54 issue strike out", but I am not at all this far into the
55 trial attracted by being asked to look at the merits of the
56 case of the Plaintiffs or the Defendants or one thing or
57 another, and then giving a separate judgment on that as to
58 whether I think it has no merit at all or just enough merit
59 to go on or a lot of merit. That I find completely
60 unattractive because I would rather deal with the matter
