Day 005 - 04 Jul 94 - Page 82


     
     1        this week.  The urgency is obviously quite great in that
              we may be missing the opportunity to cross-examine
     2        witnesses regarding those particulars.  It would save
              everyone time if we get them as soon as possible.  I do
     3        not know what the plaintiffs' plan is.
 
     4   MR. JUSTICE BELL:  When was your defence served?
 
     5   MR. MORRIS:  If you remember, the defence was served on the
              Monday before the trial.  They were served last Tuesday.
     6
         MR. JUSTICE BELL:  The 28th.
     7
         MR. MORRIS:  Yes.
     8
         MR. JUSTICE BELL:  How many requests were there?
     9
         MR. RAMPTON:  37, my Lord.
    10
         MR. JUSTICE BELL:  What is the normal time?  Is there a strict
    11        time?
 
    12   MR. RAMPTON:  If a person has been dragging his feet, he might
              be made the subject of a Draconian order, but in the
    13        normal way one would get 14, 21, 28 days.  I have been
              listening to what has been said behind me and Mr. Atkinson
    14        is telling me that it is not possible to do them this
              week. I could offer a hope at the close of business on
    15        Friday, 15th.  It does not put the defendants at any
              disadvantage because there is no nobody in the whole of
    16        that time they could conceivably want to cross-examine
              about the counterclaim.
    17
         MISS STEEL:  Did you not say before that you were not sitting
    18        on the 15th?  Perhaps it could be the 14th.
 
    19   MR. JUSTICE BELL:  No.  This is a date for service of the
              answer, to do it by then.  I do not have to be here for
    20        that.
 
    21   MR. RAMPTON:  That gives me time to consider a draft, if it is
              possible.
    22
         MR. JUSTICE BELL:  Which of them relate, if any, to packaging?
    23
         MR. RAMPTON:  I do not think any of them really.  The defence
    24        obviously is this, so far as packaging is concerned, that
              the defendants' allegations about, I do not call it
    25        "packaging", I call it "waste", are false and for some
              considerable time it has been known by them to be false, 
    26        but which actual request relates to that topic, I could 
              not possibly say. 
    27
         MR. JUSTICE BELL:  I think it would help if I could see a copy
    28        of the request.  At the moment it seems it me that, well,
              perhaps someone could get a photocopy to my clerk tomorrow
    29        morning.  At the moment, you see, the 15th would be about
              two and a half weeks which seems to me to be reasonable
    30        for further and better particulars.  It is a week longer
              than you want, but one has to bear in mind Mr. Atkinson is

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