Day 163 - 25 Sep 95 - Page 50


     
     1
     2   MR. JUSTICE BELL:  There has been very considerable argument on
     3        it before.  In fact I read the argument through again over
     4        the vacation, and it seemed to me that you finished your
     5        argument in relation to what the meaning was.  What I did
     6        not do is hear Mr. Rampton fully about what the meaning was
     7        and what I decided not to do was find what the actual
     8        meaning was then in case you thought of something else you
     9        wanted to say before the end of the hearing.
    10
    11   MS. STEEL:   At that stage we were not actually -- the argument
    12        that we raised was not specifically in terms of what we
    13        were arguing that you should find the meaning to be.  It
    14        was about whether the Plaintiffs should be allowed to amend
    15        their meaning.  I think that obviously we would want to go
    16        back over what was said then and go through it.  I think
    17        also the meaning that you indicated you were considering at
    18        that time was slightly different to the one that you said
    19        today.  Obviously we would want to consider what you said
    20        today and prepare argument about that as well.
    21
    22   MR. JUSTICE BELL:  Yes.  What I said this morning was in an
    23        attempt to help you, because obviously I have had the
    24        leaflet in front of me for a considerable period of time
    25        and if I say what has occurred to me it may help your
    26        argument one way or the other, whether in fact on
    27        reflection you think that that is a sound interpretation or
    28        want to say, no, because of this, that or the other.
    29
    30        All I really need to know now is do you think you will be
    31        ready to do it by Wednesday?
    32
    33   MS. STEEL:  No.
    34
    35   MR. JUSTICE BELL:  If you say, no, I will not rush you into it
    36        but we have to do it.  The sooner we do it the sooner you
    37        can decide who should come back.
    38
    39   MS. STEEL:  Yes.  I do not think we will be ready to do it on
    40        Wednesday, apart if anything else I feel that I would like
    41        to look up -- we have the Charleston case and the Skuse
    42        case, but I think there was another case mentioned as well
    43        and also to get legal advice if it is possible.
    44
    45   MR. JUSTICE BELL:  Yes, very well.
    46
    47   MS. STEEL:   Can I just say in terms of the discovery on the
    48        counterclaim, I did explain to Mrs. Brinley-Codd what had
    49        happened about that this morning and I am bringing the
    50        papers to court tomorrow.  I just forgot them in error. 
    51 
    52   MR. JUSTICE BELL:  What I would like to know now is what we are 
    53        likely to do for the remainder of this week.  We are going
    54        to have argument all day or a large part of tomorrow.  Is
    55        the argument going to run into Wednesday?
    56
    57   MR. RAMPTON:  It should not do.  It should be quite short.  As
    58        far as I am concerned, it will be very short.  I believe,
    59        however, that the Defendants have had almost all of the
    60        discovery they are entitled to and so they are going to

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