Day 126 - 17 May 95 - Page 08


     
     1        is.
     2
     3   MS. STEEL:  Yes, I was intending to telephone him as soon as the
     4        hearing was over.
     5
     6   MR. RAMPTON:  Then perhaps during the course of the day --
     7        earlier rather than later -- he could telephone
     8        Mrs. Brinley-Codd or Mr. Hill.  They can have a discussion
     9        about what his response is.  If he thinks it is a good idea
    10        (which I would urge him to do), then they can get ahead
    11        with making the arrangements.
    12
    13   MR. JUSTICE BELL:  Right.
    14
    15   MR. RAMPTON:  My Lord, as to the rest of this week, I do not
    16        know what your Lordship is going to do, but if I assume
    17        that your Lordship were to adjourn for the rest of this
    18        week, perhaps the way of dealing with the beginning of next
    19        week is for us to keep in touch with Mr. Stiles and tell
    20        him how matters are progressing.  Then your Lordship,
    21        through Mr. Stiles, can inform us whether your Lordship
    22        will sit on Monday morning or Tuesday morning.
    23
    24   MR. JUSTICE BELL:  I will certainly adjourn the case for the
    25        rest of this week.  Whether we start on Monday or Tuesday
    26        of next week is not a matter of great importance, so far as
    27        I am concerned.
    28
    29   MR. RAMPTON:  Nor as far as I am concerned.
    30
    31   MR. JUSTICE BELL:  But if it is suggested by Mr. Morris or on
    32        his behalf that there is any difficulty about starting on
    33        Monday or Tuesday of next week, I think we must deal with
    34        the matter in court again.  Mr. Stiles will be available on
    35        the telephone but decisions cannot be made on the
    36        telephone.  If it is a matter of, say, more than the one
    37        day we were involved with last week, that can be dealt with
    38        by agreement on the phone, but not procedural matters of
    39        greater substance on something like that.
    40
    41        So I would like Mr. Stiles to be kept informed.  I will not
    42        say anything more about the question of adjournment now.
    43
    44        The only other thing which occurred to me, having re-read
    45        the transcript of Mr. Fairgrieve's evidence last September,
    46        is that he was going to make some further enquiries and
    47        there was some question of further discovery.
    48
    49   MR. RAMPTON:  Further discovery has taken place.
    50 
    51   MR. JUSTICE BELL:  Was that the 1988 and the 1991 surveys? 
    52 
    53   MR. RAMPTON:  Not 1988 and 1991, my Lord.  They were for
    54        1993 -- 1991, yes, your Lordship is quite right.
    55
    56   MR. JUSTICE BELL:  Can I just enumerate the matters?  It seemed
    57        to me that it was agreed that further enquiry would be made
    58        and there might be further discovery and, indeed, although
    59        this was not said, perhaps even some further
    60        evidence-in-chief for Mr. Fairgrieve.  The first was the

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