Day 241 - 26 Apr 96 - Page 13
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2 MR. MORRIS: Right.
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4 MR. JUSTICE BELL: There is one other matter with regard to
5 scheduling, it is not so much scheduling save indirectly.
6 On Wednesday, I gave a direction about service of
7 statements from Mr. Dunbar and Mr. Caulfield, if they were
8 forthcoming. On reflection, I am minded to feel that it
9 was an unnecessarily complicated order. You will remember
10 it was to the effect that any further statements should be
11 served by 31st May and, in any event, I think I said not
12 less than 28 days before we finish the evidence. There are
13 two reasons, I happily admit, I have begun to regret that.
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15 Firstly, I think 31st May is probably too late and,
16 secondly, it puts you at some peril because if you did get
17 them in on 31st May and then found that we were finishing
18 the evidence on 25th June, you would fall foul of my
19 direction. So I will hear anything anyone wants to say,
20 but what I propose to do, subject to any argument, is say
21 that there should be service of statements from either of
22 those witnesses by 4 p.m. on Friday, 17th May, which,
23 hopefully, would allow at least four weeks and probably
24 six, possibly six, before the end of the evidence.
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26 Whether I give leave, if they are served by then, I do not
27 know, because I do not know what their contents are going
28 to be, although I have a good idea in Mr. Caulfield's
29 case. I do feel I should indicate that I am unlikely to
30 give leave to any party to call any further witness a
31 statement from whom has not been served by 17th May at
32 least. That applies to all parties because its service,
33 even by that date, hopefully, will leave not more than six
34 weeks to the end of the evidence, which really might be
35 thought to be the shortest reasonable time for the other
36 side, for whoever serves the statement for the other side,
37 to take some responsive action.
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39 As it happens, it may help you if your witnesses know that
40 there is that kind of deadline. It is, in fact, three
41 weeks from today. I do it bearing in mind what you have
42 said about you have been calling for statements from them
43 for some time.
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45 MR. MORRIS: Yes. We do not object as regards those employment
46 witnesses, but we feel that there should be some
47 flexibility regarding the two outstanding subjects which
48 will be nutrition and publication. We have to make our
49 application regarding nutrition which we are not going to
50 do today regarding admissibility of evidence on heart
51 disease.
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53 Depending on that, there may be discussion about the need
54 for further witnesses or whatever. We are not asking for a
55 ruling on that now. We are just saying that we hope there
56 will be some flexibility if the matters develop; the same
57 with publication, should matters develop on that, bearing
58 in mind that the case has changed dramatically in the last
59 couple of weeks and we are considering an appeal or we are
60 preparing an appeal on that subject.
