Day 169 - 04 Oct 95 - Page 31


     
     1        as we have some names to propose.
     2
     3   MR. MORRIS:  Maybe Friday 13th (which is a fateful day) could be
     4        the legal matters if we have not finished the witness.
     5
     6   MR. JUSTICE BELL:  What it would seem most sensible to me to do
     7        is to see if Mr. Fairgreave can come without any really
     8        serious inconvenience on 10.30 on Wednesday the 11th.  Do
     9        your very best to be in a position -- this is all parties
    10         -- to proceed as soon as his evidence finishes with the
    11        Bath documents, if only because some of the issues will
    12        still be fresh in our minds.
    13
    14        Although we pencilled in meaning for Friday the 20th, I do
    15        not really see why one should not be able to go on from
    16        Bath documents to that, if need be, because having read
    17        through the argument on both sides over the amendment,
    18        I find it very difficult to see how very much more can be
    19        said about the actual meaning which, at the end of the day,
    20        is just how it hits me, provided I have got in mind all
    21        points which the parties would wish to make.
    22
    23   MS. STEEL:   I do have more that I want to say upon that issue.
    24
    25   MR. JUSTICE BELL:  Yes, I appreciate that.
    26
    27   MS. STEEL:   In particular, in respect of legal arguments about
    28        the Charleston case and possibly about the Skuse case as
    29        well.  We were trying to get legal advice about that.  In
    30        actual fact, we had a meeting set up for last night.  The
    31        chap who came into court was telling us that the solicitor
    32        had to cancel the meeting.  So, as yet, we have not had
    33        time to get legal advice on that.
    34
    35   MR. JUSTICE BELL:  I would very much like you to press ahead
    36        with that.  Neither the Charleston case nor the Skuse case
    37        is at all difficult to understand.  In fact, I think a lot
    38        of people in the street would say:  "What is surprising
    39        about that?"
    40
    41   MS. STEEL:  No, about the interpretation of -- I mean, I do not
    42        whether that is right, but it struck me there were
    43        different interpretations between the parties as to what
    44        the cases meant so.
    45
    46   MR. JUSTICE BELL:  Take your advice.
    47
    48   MS. STEEL:   We will try to but the problem is whether or not we
    49        can get advice before next ----
    50 
    51   MR. JUSTICE BELL:  I would like you to do your best but, at the 
    52        end of the day, if I think it is a situation where legal 
    53        advice on those is not really going to help because,
    54        although it is legal authority, it says no more than most
    55        people would think is common sense.  I cannot postpone the
    56        matter because you have difficulty getting a qualified
    57        lawyer to advise you on it.
    58
    59   MS. STEEL:   It is not so much postponing it because at present
    60        it is being brought forward.  I mean, part of the reason

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