Day 175 - 18 Oct 95 - Page 50


     
     1        through the argument perfectly easily on the Thursday.
     2
     3   MR. MORRIS:  Could I just say a couple of things:  We still have
     4        in the light of whatever meaning is finally decided that
     5        the strike out application, it may or may not still apply.
     6        So that would be, presumably, after your ruling and even
     7        then ------
     8
     9   MR. JUSTICE BELL:  That is one of the reasons, quite apart from
    10        the recall of witnesses, why I am anxious to hear the
    11        argument and give my ruling, whatever it may be, on the
    12        meaning so far as nutrition is concerned.
    13
    14   MR. MORRIS:  I have a couple of things:  First of all, we are
    15        getting transcripts from three weeks ago -- thanks to the
    16        commercial advantage rule, we are having to wait three
    17        weeks to get them -- so that they should be supplied to
    18        you.  I believe the Plaintiffs have been getting copies for
    19        you to have and will supply them to you.
    20
    21   MR. JUSTICE BELL:  Thank you for telling me but I will wait and
    22        see what happens.
    23
    24   MR. MORRIS:  Just to let everyone know what the situation is.
    25        The last thing is the Bath documents, is there any
    26        indication of when they should arrive or in your mind
    27        fixing some kind of limit, because we have to get them to
    28        Michael Logan.  We cannot schedule him until we know when
    29        we are going to get the Bath documents and give him a
    30        chance to have a look at them.
    31
    32   MR. RAMPTON:  I cannot give your Lordship any help about that
    33        save to say that the matter is in hand.  The task is a
    34        substantial one.  They will have to be found.  They will
    35        have to be brought up to London.  They will have to be
    36        sorted by us.  There is no way we will get to do that, I do
    37        not believe, until next week which is one reason  ------
    38
    39   MR. JUSTICE BELL:  What occurred to me, if you can give me a
    40        weather are report on Thursday of next week, Mr. Rampton?
    41
    42   MR. RAMPTON:  Can I go back to what I said a moment ago?  I did
    43        not get any response from Mr. Morris -- I did not expect
    44        any -- it is no good, for my purposes, to be given the
    45        names of four or five witnesses for the week beginning 30th
    46        October on Friday, 27th, for example.  I really do need to
    47        know before.  I know about Mr. Pearson because I have him
    48        down for the 31st, but there are four blank days in that
    49        week.  There are, in theory, 15 or so, I do not know how
    50        many it is, Defendants' witnesses; may be it is 20, I do 
    51        not know, live witnesses. 
    52 
    53        I cannot believe it is beyond human ingenuity to let us
    54        have notice of who the witnesses would be for that week by
    55        Wednesday, 25th, the middle of next week at the very
    56        latest, because if one is going to cross-examine however
    57        many witnesses it may be, it might be four, it might be
    58        five, one is going to have to go back to the evidence of
    59        McDonald's witnesses that have already spoken about those
    60        matters.  Plainly, one does not sail into court and just

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