Day 251 - 17 May 96 - Page 39
1 about X, Y, Z", and we have been told: "No, you have to
2 say". If Mr. Rampton is wanting to conceal what he wants
3 to talk about for tactical advantage, that is not
4 acceptable. He has to say which specific points he wants
5 to talk to Mr. Nicholson about, and then ask for leave on
6 those points. But I mean, I do not see why he should have
7 to talk to Mr. Nicholson at all. Mr. Nicholson can provide
8 any information he has got to the solicitors; he does not
9 really need to talk to Mr. Rampton at all, I do not think.
10
11 MS. STEEL: Can I just make one further point which is that
12 Mr. Rampton is now indicating that actually Mr. Nicholson
13 is available next week; it just a question of whether we
14 will get through the witnesses. So perhaps, at least, this
15 could be left over to see whether or not we cannot get
16 Mr. Nicholson finished if, for example, Professor Naismith
17 only takes Monday and we can go on to Mr. Nicholson on
18 Tuesday, or Dr. Arnott does not take the whole of
19 Wednesday. I think that would be preferable, given that it
20 is a very sensitive area.
21
22 MR. JUSTICE BELL: Do the instructions have to be taken before
23 next Thursday?
24
25 MR. RAMPTON: There are some that I can take without any fear of
26 trespassing on forbidden ground anyway; I will do that as
27 best I can. I am hamstrung. My present proposal, as your
28 Lordship knows, is to call Professor Naismith on Monday,
29 followed immediately by Dr. Arnott whose report, I hope
30 ------
31
32 MR. JUSTICE BELL: Have you mentioned Dr. Arnott before?
33
34 MR. MORRIS: The 22nd, I believe, he is scheduled for.
35
36 MR. RAMPTON: I put them as an overlap.
37
38 MR. JUSTICE BELL: Look, I am going to leave this over. If
39 Mr. Nicholson has not completed his evidence by close of
40 play on Wednesday, I will make a decision on it then before
41 we break off for what will be nearer two than one week.
42
43 MR. RAMPTON: If it came to it, one of the matters is so urgent
44 and so important that I would tell your Lordship what it
45 was, but I would do it in chambers.
46
47 MR. JUSTICE BELL: Yes, very well.
48
49 MR. MORRIS: Can I just say my understanding is that Dr. Arnott
50 has been scheduled for 22nd, and Mr. Rampton has hinted he
51 might want to bring him in five minutes after Professor
52 Naismith. We want the night before to reread Dr. Arnott's
53 evidence that he has already given and, sort of, that whole
54 area, bearing in mind that he is dealing with cancer;
55 whereas Professor Naismith is dealing with heart disease
56 which are distinct areas.
57
58 So, if Professor Naismith finishes, we want the schedule
59 for Dr. Arnott to remain as it is, the Wednesday, 22nd, so
60 that we know we have got Tuesday evening to refresh our
