Day 279 - 12 Jul 96 - Page 29


     
     1        equivalent of something like a three week complete break
     2        and about a week on each of the topics, adding publication
     3        and counterclaims topics to the ones we have in the
     4        abstract of pleadings.
     5
     6             If we resumed on Monday 7th October, even if there is
     7        one week devoted to formal proof of documents and I hope
     8        that is not necessary, there would be the nine weeks to the
     9        end of term.  What I have in mind is that there be an
    10        absolute maximum, and I hope it could be less, of six weeks
    11        for Miss Steel and Mr. Morris to deliver their
    12        submissions.  I would need them to tell me whether they
    13        propose to do it together, in which case there would be an
    14        absolute maximum of six weeks, or whether they propose to
    15        do it separately, and they must make a choice, in which
    16        case it would be three weeks each.  There would then be
    17        three weeks for Mr. Rampton, despite what he said other
    18        day.
    19
    20             But in that three weeks, I would be allowing for any
    21        response from Miss Steel and Mr. Morris on new points of
    22        law, which it is their only point of reply.  You are
    23        entitled to reply on new matters of law which the
    24        plaintiff's counsel has raised during his submissions.  I
    25        have said three weeks rather than the more limited time
    26        that Mr. Rampton indicated, because of course I may want to
    27        ask Mr. Rampton things and so time has not to be allowed
    28        for him to answer any queries of mine.
    29
    30             Again, if matters cannot be dealt with within that
    31        time schedule, I think they become too complicated.  I am
    32        quite prepared for there to be a fair amount of reference,
    33        by reference to bundles and pages, and transcript days and
    34        pages and things of that kind.  It is quite clear that this
    35        is the kind of case where someone could address the court
    36        almost ad infinitum, going through vast tracts of the
    37        evidence and making a comment as they want.  That is not
    38        the way to do it and no one must think that they are
    39        letting the side down because they do not approach the
    40        matter in that way.
    41
    42             What is required is a degree of analysis and reference
    43        to the facts, the essential facts, which it is thought are
    44        particularly important and the reference to the, however
    45        shortly, to the evidence which it is suggested goes to
    46        prove those facts.  I think I have probably said as much in
    47        the notes I gave you many months ago to try and help you
    48        with your final submissions.  Does anyone want to say
    49        anything about that?  You can say it next week if you
    50        want.  But I make it clear that those are not the figures I
    51        started off with.  I started off with shorter figures and I
    52        have expanded them considerably.
    53
    54   MS. STEEL:  I was not quite sure what you meant by if we did it
    55        together and if we did it separately.
    56
    57   MR. JUSTICE BELL:  Well, if you say that you want to address me
    58        jointly, in harness as it were, as you did in
    59        cross-examination, then you have got, you would have a
    60        maximum of six weeks in which both of you would have to get

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