Day 057 - 29 Nov 94 - Page 19
1 succeeded in turning it around to be an attack on the
2 Defendants rather than they should have to justify and to
3 have sanctions against them if it is allowed for this late
4 amendment. His case on the animals, the animals section,
5 I found it incomprehensible.
6
7 MR. JUSTICE BELL: You have no right of reply to his reply, you
8 know. I was happy to give you an opportunity to voice your
9 concern on the question of cause. Unless you have suddenly
10 thought of a point which you did not mention before which
11 you would like to mention, let us close the argument there.
12
13 MR. MORRIS: No.
14
15 MR. JUSTICE BELL: As I have said, I will take time to consider
16 the matter and give my decision with reasons in due
17 course. What I suggest is we take our five-minute break
18 there. Then we will come back to Mr. Morris' sheet and any
19 matters we can usefully dispose of, at least so far as
20 argument is concerned, today.
21
22 (Short Adjournment)
23
24 MR. MORRIS: If we just maybe have a brief resume of the
25 discovery of Plaintiffs' documents; most of those will be
26 fairly simple matters to discuss. The witnesses ----
27
28 MR. JUSTICE BELL: You may have to remind me a little of some of
29 these; some come to mind but not all of them.
30
31 MR. MORRIS: Yes. The witnesses are about whether they are
32 appearing and whether they should appear. Obviously,
33 Mr. Van Erp is now dealt with anyway so that can be crossed
34 out or ticked. The counterclaim, that might be a bit -----
35
36 MR. JUSTICE BELL: Are there any others under 3B that you are
37 concerned with at the moment?
38
39 MR. MORRIS: I think that was the general point about when we
40 deal with Civil Evidence Act Notices, because we are
41 conscious that some have been passed by.
42
43 MR. JUSTICE BELL: Most convenient to me would be to deal with
44 them while we are on that particular section. If there are
45 any on nutrition, you can forget those for the moment
46 because, whatever my decision on the amendment, we are
47 coming back to that in the guise of Professor Crawford so
48 you can raise them there. If there any on advertising,
49 I suggest you deal with those on the day Ms. Dibb comes
50 back. When I say "any witnesses", I do not just mean
51 formal witness statements, but documents on which you have
52 put an informal or consider you have put an informal Civil
53 Evidence Act Notice.
54
55 If there are any in recycling and waste apart from, was it,
56 Dr. Comet whom I have already made a note of, we should
57 deal with those within the next few days. When I say "we
58 should deal with them", it does not mean that if you forget
59 within the next few days you cannot bring it in later, but
60 that would be the most convenient way of doing it. He was
