Day 175 - 18 Oct 95 - Page 50
1 through the argument perfectly easily on the Thursday.
2
3 MR. MORRIS: Could I just say a couple of things: We still have
4 in the light of whatever meaning is finally decided that
5 the strike out application, it may or may not still apply.
6 So that would be, presumably, after your ruling and even
7 then ------
8
9 MR. JUSTICE BELL: That is one of the reasons, quite apart from
10 the recall of witnesses, why I am anxious to hear the
11 argument and give my ruling, whatever it may be, on the
12 meaning so far as nutrition is concerned.
13
14 MR. MORRIS: I have a couple of things: First of all, we are
15 getting transcripts from three weeks ago -- thanks to the
16 commercial advantage rule, we are having to wait three
17 weeks to get them -- so that they should be supplied to
18 you. I believe the Plaintiffs have been getting copies for
19 you to have and will supply them to you.
20
21 MR. JUSTICE BELL: Thank you for telling me but I will wait and
22 see what happens.
23
24 MR. MORRIS: Just to let everyone know what the situation is.
25 The last thing is the Bath documents, is there any
26 indication of when they should arrive or in your mind
27 fixing some kind of limit, because we have to get them to
28 Michael Logan. We cannot schedule him until we know when
29 we are going to get the Bath documents and give him a
30 chance to have a look at them.
31
32 MR. RAMPTON: I cannot give your Lordship any help about that
33 save to say that the matter is in hand. The task is a
34 substantial one. They will have to be found. They will
35 have to be brought up to London. They will have to be
36 sorted by us. There is no way we will get to do that, I do
37 not believe, until next week which is one reason ------
38
39 MR. JUSTICE BELL: What occurred to me, if you can give me a
40 weather are report on Thursday of next week, Mr. Rampton?
41
42 MR. RAMPTON: Can I go back to what I said a moment ago? I did
43 not get any response from Mr. Morris -- I did not expect
44 any -- it is no good, for my purposes, to be given the
45 names of four or five witnesses for the week beginning 30th
46 October on Friday, 27th, for example. I really do need to
47 know before. I know about Mr. Pearson because I have him
48 down for the 31st, but there are four blank days in that
49 week. There are, in theory, 15 or so, I do not know how
50 many it is, Defendants' witnesses; may be it is 20, I do
51 not know, live witnesses.
52
53 I cannot believe it is beyond human ingenuity to let us
54 have notice of who the witnesses would be for that week by
55 Wednesday, 25th, the middle of next week at the very
56 latest, because if one is going to cross-examine however
57 many witnesses it may be, it might be four, it might be
58 five, one is going to have to go back to the evidence of
59 McDonald's witnesses that have already spoken about those
60 matters. Plainly, one does not sail into court and just
