Day 242 - 29 Apr 96 - Page 48


     
     1        Lordship feels a need for further evidence on the ground
     2        not so far covered and raised or foreshadowed by your
     3        Lordship's meaning, then both sides must, in our respectful
     4        submission, be given the opportunity to cover that ground
     5        in evidence; whether that is by reference to people whose
     6        witness statements have already been served but which need
     7        extension and, therefore, leave, or by the calling of a
     8        fresh witness, perhaps does not matter very much, provided
     9        that the principle is the same on both sides, both sides
    10        have the opportunity to cover the ground not so far
    11        covered.  So far as the use of court time is concerned, it
    12        matters not in the least what the identity of the witness
    13        is.  I put it another way, if I may, if we are to be
    14        confined, then so too must the Defendants.
    15
    16   MR. JUSTICE BELL:  Yes.  Thank you.
    17
    18        I will give a separate ruling on the matters which have
    19        been raised.
    20
    21             (For ruling, please see separate transcript)
    22
    23   MR. JUSTICE BELL:  What about the voluntary further and better
    24        particulars?
    25
    26   MR. RAMPTON:  I am sorry, before your Lordship moves on to that,
    27        can I mention that Professor Naismith is available from the
    28        beginning of the week of 20th May which is where I have
    29        written in nutrition witnesses anyhow.  He can do 20th,
    30        21st or 22nd May.  I will put him and Mr. Fairgrieve
    31        together, obviously -- I cannot.  My Lord, I am sorry,
    32        I spoke prematurely, but anyhow Professor Naismith can do
    33        the beginning of that week.
    34
    35   MR. JUSTICE BELL:  I would like Ms. Steel and Mr. Morris to see
    36        what they can obtain from Professor Crawford, but the fact
    37        is Professor Naismith's statement was only served at the
    38        end of last week.
    39
    40   MR. RAMPTON:  Yes.
    41
    42   MR. JUSTICE BELL:  Those dates are three weeks ahead which may
    43        be enough time for the Defendants to obtain instructions.
    44        It seems to me the most important person to go to is
    45        Professor Crawford.  Professor Naismith can be
    46        provisionally put in on those days, but provisionally only
    47        until I have heard from Ms. Steel and Mr. Morris about how
    48        they have got on with Professor Crawford.
    49
    50        I must say, Professor Crawford had a commendable ability to 
    51        deal on his feet with any ball bowled at him.  I assume you 
    52        know where he is.  If you can get a prompt response from 
    53        him, well and good.  In any event, if Professor Naismith is
    54        called, then it does mean (which is probably preferable)
    55        that you will be bringing Professor Crawford back after
    56        Professor Naismith.
    57
    58   MS. STEEL:   As far as I know, Professor Crawford is still at
    59        the same place; I certainly hope he is.
    60

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