Day 267 - 21 Jun 96 - Page 04


     
     1        Wednesday clear as matters presently stand, but that is
     2        very late Wednesday evening, for example, to serve a
     3        skeleton argument.
     4
     5   MR. JUSTICE BELL:  The position is there are a number of things
     6        happening quite quickly at the moment and, in those
     7        circumstances, we have just got to take it step by step.
     8        The two steps are these, that when we get to the end of
     9        today we will know whether we have finished Mr. Claire or
    10        have some idea of how much longer he is going to go if you
    11        have not finished him.  We will be able to see what Monday
    12        looks like.  We have got to break off a bit early on Monday
    13        because of Mr. Morris' appointment, or I am prepared,
    14        rather, to break off a bit early because of Mr. Morris'
    15        appointment.  I think Professor Crawford must come anyway
    16        on Tuesday morning, and if there is a problem there we will
    17        deal with that as and when it arises.
    18
    19   MR. RAMPTON:  Yes.  I thought it right to mention now what the
    20        sort of problems might be.
    21
    22   MR. JUSTICE BELL:  Yes.
    23
    24   MR. MORRIS:  Can I just say about the court references?
    25
    26   MR. JUSTICE BELL:  Yes.
    27
    28   MR. MORRIS:  We are quite happy not to rely on any references
    29        that the other party does not have.
    30
    31   MR. JUSTICE BELL:  I think that is impracticable because once
    32        Mr. Crawford is in the witness box, if he has a reference
    33        in mind, my experience is it is totally artificial and,
    34        having seen Professor Crawford -- this is not any jibe at
    35        him -- he does have a deal of information at his fingertips
    36        and what is going to happen is there will be a reference to
    37        it, whether you lead it or not, and then Mr. Rampton will
    38        not have had a copy and been able to ask his experts about
    39        it.
    40
    41        So, I do not think one can put a wall around it and say
    42        "You will not refer to that".
    43
    44   MR. MORRIS:  Right.  But we will not need to rely on anything
    45        that he brings up.
    46
    47   MR. JUSTICE BELL:  Professor Crawford might, you see.
    48
    49   MR. MORRIS:  I am just trying to be helpful.  I am saying if it
    50        saves time and effort ----- 
    51 
    52   MR. JUSTICE BELL:  I am grateful for your attempt to be 
    53        helpful.  I think the practicalities are that it may very
    54        well be mentioned by Professor Crawford and as long as
    55        there is any risk of that happening ---
    56
    57   MR. MORRIS:  Right.
    58
    59   MR. JUSTICE BELL: -- then -----
    60

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