Day 066 - 14 Dec 94 - Page 77


     
     1        drafted.
     2
     3   MR. JUSTICE BELL:  I think the drafts should be served by
     4        Friday.  Quite frankly, I do not think it is a reason they
     5        are away, because if they are busy executives they are
     6        going to be away lots of the time and efforts have to be
     7        made to find out when they are going to be around and when
     8        they are not.
     9
    10   MR. RAMPTON:  That is what I have just told your Lordship, Mr.
    11        Stein will be back on Friday.
    12
    13   MR. JUSTICE BELL:  I know, but presumably they could have been
    14        asked four weeks ago when they were going to be around and
    15        when they were not.
    16
    17   MR. RAMPTON:  Of course I accept that, but what I do not want to
    18        do is to serve a draft which when the gentleman who has to
    19        swear the thing sees it says, "Well, in fact this is wrong
    20        in the following respects".  I will do that if your
    21        Lordship directs me to do so and then we will have to see
    22        whether they want any corrections made when they come to
    23        swear it.  We have been promised by the Americans that
    24        everything would be in order sworn and ready for service by
    25        the 21st which is Wednesday.
    26
    27   MR. JUSTICE BELL:  That is not the day I said.
    28
    29   MR. RAMPTON:  I know. What your Lordship said was (I am not
    30        referring to the transcript) by 16th December unless there
    31        was a difficulty which I can mention to your Lordship.
    32        I have mentioned such a difficulty as there is.  I cannot
    33        do more than that.
    34
    35   MR. JUSTICE BELL:  I am not very happy at the difficulty being
    36        mentioned four days before the date which I have ordered,
    37        subject to there being some mention.  I am not very happy
    38        with the reason for them not being served on time.  They
    39        are executives who, presumably, have diaries and for whom
    40        arrangements are made weeks in advance, subject to last
    41        minute changes.  So, it must have been known if proper
    42        enquiry had been made that either they were going to be
    43        away or there was a risk they would be away around the date
    44        which is specified for the service of the affidavit.
    45
    46   MR. RAMPTON:  My Lord, all can I say is I take it on board what
    47        your Lordship has said, no doubt those in court will do the
    48        same.  I will if your Lordship directs serve drafts.
    49
    50   MR. JUSTICE BELL:  I appreciate the point it is much better they 
    51        are not in draft because we end up going round and round in 
    52        circles if something is changed as to why it had to be and 
    53        it is said, "Oh, someone must have got the wrong end of the
    54        stick", there are enquiries into that and spends
    55        unnecessary amounts of time chasing what may be false
    56        hares.  Who was the gentleman who will be back on Friday?
    57
    58   MR. RAMPTON:  Mr. Stein I think will be back on Friday.
    59
    60   MR. JUSTICE BELL:  Mr. Nicholson will be served before the end

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