Day 005 - 04 Jul 94 - Page 82
1 this week. The urgency is obviously quite great in that
we may be missing the opportunity to cross-examine
2 witnesses regarding those particulars. It would save
everyone time if we get them as soon as possible. I do
3 not know what the plaintiffs' plan is.
4 MR. JUSTICE BELL: When was your defence served?
5 MR. MORRIS: If you remember, the defence was served on the
Monday before the trial. They were served last Tuesday.
6
MR. JUSTICE BELL: The 28th.
7
MR. MORRIS: Yes.
8
MR. JUSTICE BELL: How many requests were there?
9
MR. RAMPTON: 37, my Lord.
10
MR. JUSTICE BELL: What is the normal time? Is there a strict
11 time?
12 MR. RAMPTON: If a person has been dragging his feet, he might
be made the subject of a Draconian order, but in the
13 normal way one would get 14, 21, 28 days. I have been
listening to what has been said behind me and Mr. Atkinson
14 is telling me that it is not possible to do them this
week. I could offer a hope at the close of business on
15 Friday, 15th. It does not put the defendants at any
disadvantage because there is no nobody in the whole of
16 that time they could conceivably want to cross-examine
about the counterclaim.
17
MISS STEEL: Did you not say before that you were not sitting
18 on the 15th? Perhaps it could be the 14th.
19 MR. JUSTICE BELL: No. This is a date for service of the
answer, to do it by then. I do not have to be here for
20 that.
21 MR. RAMPTON: That gives me time to consider a draft, if it is
possible.
22
MR. JUSTICE BELL: Which of them relate, if any, to packaging?
23
MR. RAMPTON: I do not think any of them really. The defence
24 obviously is this, so far as packaging is concerned, that
the defendants' allegations about, I do not call it
25 "packaging", I call it "waste", are false and for some
considerable time it has been known by them to be false,
26 but which actual request relates to that topic, I could
not possibly say.
27
MR. JUSTICE BELL: I think it would help if I could see a copy
28 of the request. At the moment it seems it me that, well,
perhaps someone could get a photocopy to my clerk tomorrow
29 morning. At the moment, you see, the 15th would be about
two and a half weeks which seems to me to be reasonable
30 for further and better particulars. It is a week longer
than you want, but one has to bear in mind Mr. Atkinson is
