Day 084 - 07 Feb 95 - Page 07


     
     1        1 o'clock; at 2 o'clock Mr. Rampton calls Mr. Atherton and
     2        we come back to discovery at an appropriate moment when you
     3        are better prepared in the light of the ruling which I have
     4        just given.
     5
     6   MR. MORRIS:  The only thing about that is there are other legal
     7        matters that are outstanding, some of which are important
     8        and urgent.  I feel they should be heard today because, if
     9        we were to put them off, it would be unfair to put them off
    10        for a long time and, realistically, if we do hear them then
    11        we are going to lose a day in any event in the tight
    12        schedule that is ahead of us.  I think probably the best
    13        thing in the light of -- we have not had confirmation on
    14        the funeral date exactly yet -- everything that it would be
    15        prudent to move Mr. Bowes to the end of this section.
    16
    17   MR. JUSTICE BELL:  I do not want to consider that yet.  I think
    18        we should start Mr. Atherton at 2 o'clock.  It may very
    19        well mean that we will get back to interlocutory matters at
    20        the end of this week.  In fact, significant witness though
    21        he may be, we really, I would have thought, should have
    22        some time on Friday to get back to him.
    23
    24   MR. RAMPTON:  I heartily endorse that.  He was, I think, an
    25        important witness.  Having heard Professor Jackson and
    26        having seen the evidence of Mr. North, proposed evidence of
    27        Mr. North, and knowing as I now do what the accident
    28        statistics tell us, I have to say that I no longer think
    29        that Mr. Atherton is quite as important as he once might
    30        have been.
    31
    32        My intention (and I think I have indicated this before in
    33        broad terms) would be to put him in the witness box, ask
    34        him how he comes to be where he is, what his experience is,
    35        what his broad responsibilities are, and then to say
    36        simply, in effect, whether he is content that the detail
    37        (and there is a vast amount of it which by now, my own
    38        belief is, is to a large extent irrelevant), the detail of
    39        what is contained in Mr. Wignall's statement should stand
    40        as his evidence-in-chief for the Defendants to go into, if
    41        they should wish it; I have no wish to go into it.  By that
    42        means I think that I could sit down probably before 3
    43        o'clock if we start him at 2.00 which leaves the rest of
    44        today, Wednesday, Thursday and Friday for him to be
    45        finished.  I am most reluctant to move Mr. Bowes yet
    46        again.  I have no sympathy with Mr. Morris' suggestion
    47        whatsoever.
    48
    49   MR. JUSTICE BELL:  I think we should start Mr. Atherton at
    50        2 o'clock.  I will rise until 20 to 12 now.  What I suggest 
    51        you do is between then and 1 o'clock raise the matters you 
    52        are particularly concerned about.  Think about the 80 
    53        minutes you have and do not spend so much time on any one
    54        topic that you do not at least get to mention another which
    55        you think is important.  Then at 2 o'clock we will go on to
    56        Mr. Atherton.  We will get through him and, hopefully, come
    57        back to your points before the end of this week, but we
    58        will see how we go on that.
    59
    60        In any event, overnight you will be able to have a better

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