Day 201 - 15 Dec 95 - Page 19


     
     1        first two days for the Defendants' evidence.  If I go 11th,
     2        12th, 15th.
     3
     4   MR. JUSTICE BELL:  Let me just get the calendar straight in my
     5        mind.  Mr. Morris -- I think you have been arranging it
     6        basically -- what I would like you to do is to arrange them
     7        over Tuesday 16th and Wednesday 17th.  I would like you to
     8        do it on those days; it should be possible with this amount
     9        of notice.  I have been particularly relaxed about when
    10        people come because I know there are problems.
    11
    12        If there is any difficulty about either of those two days
    13        with a particular witness but he or she could come on
    14        Thursday 11th, Friday 12th or Monday 15th, then I think
    15        they have to come then and it does not really matter now we
    16        have got this far through the evidence whether they come
    17        before or after the recalled witnesses or further witnesses
    18        on behalf of the Plaintiffs.  It is not going to make a jot
    19        of difference at the end of the day.
    20
    21   MR. MORRIS:  I think that two days is too short.  Mainly, my
    22        concern is with Mr. Brett.  We did not receive the
    23        statement sent to us in the post.  He has averred all the
    24        other witness statements as being accurate to the best of
    25        his knowledge which I indicated, well, I said categorically
    26        he had done about two weeks ago, I think it was.  So he may
    27        take longer.
    28
    29   MR. JUSTICE BELL:  He will not take longer for this simple
    30        reason, that I am not going to have any extra evidence from
    31        any of those witnesses which has not been reduced to
    32        writing and served by way of their statements or
    33        supplemental statements which have been served at least
    34        five days before, pursuant to my previous direction.
    35
    36        I am telling you now four weeks or it is over four weeks,
    37        in fact, because there are a few days after the beginning
    38        of term, that I am not going to have any further evidence
    39        apart from one or two questions to settle them in and one
    40        or two personal details.  Having got this far through the
    41        evidence in relation to Colchester, you should be able to
    42        meet those demands perfectly easily and without any
    43        detriment to your case whatsoever.
    44
    45   MS. STEEL:   If that is the ruling, I would like to repeat my
    46        earlier request that the Plaintiffs be given an order to
    47        disclose any relevant documents in their possession in good
    48        time for us to take instructions from our witnesses.
    49
    50   MR. JUSTICE BELL:  No.  I am not going to change what I have 
    51        said about that, but I am going to stick to what I have 
    52        just said.  You have all the time in the world to do it. 
    53        We are well into the Colchester evidence.  You have the
    54        measure of the Plaintiffs' case on it.  The Plaintiffs have
    55        the measure of your case and I think I have the measure of
    56        both cases.  That is the way it will be done.  That being
    57        so, we should have absolutely no trouble getting through
    58        two witnesses a day; indeed, I would not be at all
    59        surprised if we do not finish around mid-day or soon after
    60        in relation to each; five or 10 minutes for

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