Day 278 - 11 Jul 96 - Page 49


     
     1        have a different view to your own, or when I give judgment
     2        that I do have a different view to your own (notice the
     3        "if"), it is too late to give evidence then.
     4
     5   MR. MORRIS:  I understand that, yes.
     6
     7   MR. JUSTICE BELL:  But you appreciate that, I am sure.  All I
     8        propose to do then is, unless there are other things you
     9        want to say, is not say any more about that.
    10
    11   MR. MORRIS:  No.
    12
    13   MR. JUSTICE BELL:  But first thing in the morning when we come
    14        back, I will ask you what your decision is.  And if your
    15        decision is that you propose to give evidence, I will ask
    16        you to give evidence then, start giving your evidence
    17        tomorrow morning.
    18
    19   MR. MORRIS:  Right.  Yes, I mean obviously if as is likely I do
    20        not give evidence, then there are obviously some bits and
    21        pieces to clear up before we break for preparations for
    22        closing speeches.  One of the things that we want to make
    23        our application to join the inquiry agents as defendants in
    24        this action as third parties and we have someone who is
    25        advising us on this.  He is prepared to make the
    26        application for us.  Because the original last appropriate
    27        date would seem to be the 18th, which would have been the
    28        last day after all the evidence, he has actually set that
    29        aside to make the application on the 18th, which I think is
    30        next Thursday.  So I was wondering whether I can confirm
    31        that with him, whether that would be acceptable to make
    32        that application then.  Obviously, we will want to give the
    33        plaintiffs 24 hours at least, as we have said that we
    34        would.
    35
    36   MR. JUSTICE BELL:  I think you should try and do better than
    37        that.  This is all on the assumption that you do not give
    38        evidence.  If you do give evidence then I do not have any
    39        problem with the 18th.  If you come back tomorrow and say
    40        that you do not wish to give evidence and then we have a
    41        bit of discussion about whatever it is you would like to
    42        talk about, then it is only six days to the 18th.  But
    43        notwithstanding it is only six days, I would much rather
    44        the application be made before then if it possibly can be.
    45        So I would like you to get on to whoever may make the
    46        application on your behalf.
    47
    48             Mr. Rampton, there is no objection, formal objection
    49        to counsel or solicitor making the application is there?
    50
    51   MR. RAMPTON:  No.
    52
    53   MR. JUSTICE BELL:  I have certainly no objection, any more than
    54        I had when --
    55
    56   MR. RAMPTON:  Mr. Hall came
    57
    58   MR. JUSTICE BELL:  Mr. Peter Hall came, yes.
    59
    60   MR. RAMPTON:  I did not make an objection then and I do not make

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