Day 163 - 25 Sep 95 - Page 49


     
     1   MR. MORRIS:  I am sorry, I did not get back before.
     2
     3   MR. JUSTICE BELL:  I would like just to spend a couple of
     4        minutes seeing where we are going this week or it is
     5        anticipated what we will cover this week.
     6
     7   MR. RAMPTON:  Yes.
     8
     9   MR. JUSTICE BELL:  What is the position?
    10
    11   MR. RAMPTON:  There are some outstanding questions of discovery
    12        to be dealt with.  We have not yet had any discovery from
    13        the Defendants on the counterclaim.  I want to raise a
    14        question about Jane Brodie's transcripts which apparently
    15        have gone back to her about which I am distinctly unhappy.
    16        Beyond that I think, my Lord, the other applications are
    17        all the Defendants' applications.  The only one which is
    18        neutral is the scheduling.  That is plainly as important,
    19        if not more important than, as any other topic that we have
    20        to deal with.  Discovery is probably of equal importance.
    21
    22   MR. JUSTICE BELL:  How long are all these matters going to
    23        take?  Assuming that I do not give my ruling on them all
    24        straightaway, if only because it seems to me it is
    25        convenient if I have it word processed and then I can hand
    26        it down so the Defendants have a copy of it which they can
    27        read, how long is that argument going to take?
    28
    29   MR. RAMPTON:  So far as my applications are concerned a little
    30        time indeed, about a total of 20 minutes I should think.
    31        One is just to ask the Defendants to comply with an order
    32        your Lordship has already made and the other is to raise an
    33        argument about Jane Brodie's transcripts as I am rather
    34        disturbed about that.  So far as the Defendants' discovery
    35        applications are concerned, I cannot say how long they will
    36        take.
    37
    38   MR. JUSTICE BELL:  How long do you think, Mr. Morris and
    39        Ms. Steel, the remaining arguments are going to take?  Are
    40        we going to finish them tomorrow?  I say I may be slightly
    41        delayed in the morning.  I am not going to give a marketing
    42        because I expect I will be here by half past 10, but I may
    43        be a minute or two minutes late for personal reasons.
    44
    45   MR. MORRIS:  It may be completed in a day.  I do not know.
    46
    47   MR. JUSTICE BELL:  Then what is next?
    48
    49   MR. RAMPTON:  Then, my Lord, I would suggest that the scheduling
    50        ought to be done before we start the evidence, if it is at 
    51        all possible, because it has actually, perhaps it is 
    52        nobody's fault, become all rather complicated and 
    53        intricate.  The other thing is the argument on the meaning
    54        of the leaflet in relation to nutrition which, if your
    55        Lordship is intending to make a ruling sooner rather than
    56        later, perhaps also we ought to try to do on Wednesday.
    57
    58   MR. JUSTICE BELL:  Will you be ready to go on to that?
    59
    60   MS. STEEL:  I do not think so.

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