Day 008 - 07 Jul 94 - Page 65


     
     1   MR. JUSTICE BELL:  You would rather start in the morning.
 
     2   MR. MORRIS:  It would be a bit daft to start now.
 
     3   MR. JUSTICE BELL:  Yes, rather than just deciding it without
              consulting you I was confirming that that would be your
     4        preference.
 
     5   MR. RAMPTON:  My Lord, we have discussed it and we have
              informed the defendants and they have agreed, so far as
     6        I know, that it is sensible, what we plan for the next few
              days -- I am not talking about the weekend -- tomorrow we
     7        finish Mr. Langert and if there is any time left in the
              day we propose -- Mr. Mallinson cannot come tomorrow -- so
     8        we propose either, according to the time of day, to invite
              your Lordship to rise early, or else to perhaps reinsert
     9        Mr. Preston for a short time, though he is becoming very
              fragmented.
    10
         MR. JUSTICE BELL:  My own feeling is that unless there is a
    11        significant part of the day left, it seems to me that that
              is unlikely, then we will break off a bit early.  But we
    12        will just have to see how we go.
 
    13   MR. RAMPTON:  Mr. Mallinson will come on Monday.  Professor
              Duxbury on Tuesday.  We will fill in, if we have to, on
    14        Monday -- if Professor Duxbury does not go a day, which he
              should not do, then we will start Mr. Oakley .
    15
         MR. JUSTICE BELL:  We will see how we get on with
    16        cross-examination with Mr. Langert; you need not trouble
              yourself about having to resume cross-examination of
    17        Mr. Preston should you finish Mr. Langert before the
              normal closing time.
    18
         MR. MORRIS:  Regarding Mr. Mallinson, I believe he was in court
    19        today, and our witness Mr. Hopkins, who came down because
              he expected to be on this week, or at least to see
    20        Mr. Mallinson; the worst possible scenario is that
              Mr. Mallinson is heard next week, because not only is
    21        Mr. Hopkins not able to be on, he is not able to hear
              Mr. Mallinson either.  He is not able to be here to
    22        suggest questions to us to ask Mr. Mallinson.
 
    23   MR. JUSTICE BELL:  Can we see what the alternatives are?
              Mr. Mallinson and Mr. Hopkins are both forest.
    24
         MR. RAMPTON:  Yes.
    25
         MR. JUSTICE BELL:  That is their only concern in this case. 
    26 
         MR. RAMPTON:  Your Lordship should also remember that 
    27        Mr. Bateman, who is the paper manufacturing expert, is
              also not able to come at this time of the year and will
    28        have to be deferred.  He will have to come in later, after
              the restart in September.
    29
         MR. JUSTICE BELL:  Suppose we were able to complete Mr. Langert
    30        tomorrow, who could we then go on with instead of
              Mr. Mallinson on Monday?

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