Day 199 - 11 Dec 95 - Page 25


     
     1
     2   MR. JUSTICE BELL:  I am just making a list at the moment.  Then
     3        we will see what, if anything, we can go on to do today.
     4        So among the topics you want to raise I am going to put "6
     5        Fairgrieve's documents".  I am not asking for any
     6        discussion of that now.  I just want to make a list.  Are
     7        there other topics?
     8
     9   MS. STEEL:  We have not actually sat down and prepared our list
    10        yet.  There are other things we will want to bring up.
    11
    12   MR. JUSTICE BELL:  I would like you to tell me now what you have
    13        in mind at the moment.  Some of them we may be able to deal
    14        with tomorrow.
    15
    16   MR. RAMPTON:  My Lord, while I am standing up, Mrs. Brinley-Codd
    17        is not conscious of any letter about Mr. Fairgrieve's
    18        documents.  She is looking at the correspond file and the
    19        only one we have of 13th October is from Mr. Morris dealing
    20        with other matters and not to do with Mr. Fairgrieve which
    21        is why it came as a surprise when Ms. Steel mentioned it
    22        just now.
    23
    24   MR. JUSTICE BELL:  When I rise see if you can find a copy and
    25        try to identify it.
    26
    27   MS. STEEL:  I have a copy here.  I also faxed a copy to you, so
    28        I do not know whether it is in your bundle.
    29
    30   MR. RAMPTON:  We will make a copy of that when your Lordship
    31        rises.  The question of Mr. Fairgrieve, in any event, is
    32        likely to arise under item 2, if your Lordship wants that
    33        discussed either today, tomorrow or on Friday.
    34
    35   MR. JUSTICE BELL:  I think we should discuss it if only to clear
    36        the air.
    37
    38   MR. RAMPTON:  My Lord, yes.  These are somewhat abbreviated
    39        items.  I believe No. 2 is clear enough.  The question mark
    40        is in fact: Is there any need for any further nutrition
    41        evidence in the light of your Lordship's ruling.  If so,
    42        what it might be.  No. 3 is a slightly different point,
    43        that having read a recent judgment of the Court of Appeal
    44        in the case of Freudian reported in the Times, in which the
    45        Court of Appeal said, in effect, that the parties,
    46        particularly counsel, must be very careful to focus on what
    47        are the real issues in the case and not let the case get
    48        bogged down with matters which are peripheral, and are not
    49        likely to be in any sense decisive in the outcome, that is
    50        the reason for No. 3. 
    51 
    52   MS. STEEL:  What is the name of the case? 
    53
    54   MR. RAMPTON:  Freudian.
    55
    56   MR. JUSTICE BELL:  Have you copy of The Times?
    57
    58   MR. RAMPTON:  Yes, 4th December.  We have put a line beside the
    59        relevant bit.
    60

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