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
