Day 251 - 17 May 96 - Page 39


     
     1        about X, Y, Z", and we have been told:  "No, you have to
     2        say".  If Mr. Rampton is wanting to conceal what he wants
     3        to talk about for tactical advantage, that is not
     4        acceptable.  He has to say which specific points he wants
     5        to talk to Mr. Nicholson about, and then ask for leave on
     6        those points.  But I mean, I do not see why he should have
     7        to talk to Mr. Nicholson at all.  Mr. Nicholson can provide
     8        any information he has got to the solicitors; he does not
     9        really need to talk to Mr. Rampton at all, I do not think.
    10
    11   MS. STEEL:   Can I just make one further point which is that
    12        Mr. Rampton is now indicating that actually Mr. Nicholson
    13        is available next week; it just a question of whether we
    14        will get through the witnesses.  So perhaps, at least, this
    15        could be left over to see whether or not we cannot get
    16        Mr. Nicholson finished if, for example, Professor Naismith
    17        only takes Monday and we can go on to Mr. Nicholson on
    18        Tuesday, or Dr. Arnott does not take the whole of
    19        Wednesday.  I think that would be preferable, given that it
    20        is a very sensitive area.
    21
    22   MR. JUSTICE BELL:  Do the instructions have to be taken before
    23        next Thursday?
    24
    25   MR. RAMPTON:  There are some that I can take without any fear of
    26        trespassing on forbidden ground anyway; I will do that as
    27        best I can.  I am hamstrung.  My present proposal, as your
    28        Lordship knows, is to call Professor Naismith on Monday,
    29        followed immediately by Dr. Arnott whose report, I hope
    30         ------
    31
    32   MR. JUSTICE BELL:  Have you mentioned Dr. Arnott before?
    33
    34   MR. MORRIS:  The 22nd, I believe, he is scheduled for.
    35
    36   MR. RAMPTON:  I put them as an overlap.
    37
    38   MR. JUSTICE BELL:  Look, I am going to leave this over.  If
    39        Mr. Nicholson has not completed his evidence by close of
    40        play on Wednesday, I will make a decision on it then before
    41        we break off for what will be nearer two than one week.
    42
    43   MR. RAMPTON:  If it came to it, one of the matters is so urgent
    44        and so important that I would tell your Lordship what it
    45        was, but I would do it in chambers.
    46
    47   MR. JUSTICE BELL:  Yes, very well.
    48
    49   MR. MORRIS:  Can I just say my understanding is that Dr. Arnott
    50        has been scheduled for 22nd, and Mr. Rampton has hinted he 
    51        might want to bring him in five minutes after Professor 
    52        Naismith.  We want the night before to reread Dr. Arnott's 
    53        evidence that he has already given and, sort of, that whole
    54        area, bearing in mind that he is dealing with cancer;
    55        whereas Professor Naismith is dealing with heart disease
    56        which are distinct areas.
    57
    58        So, if Professor Naismith finishes, we want the schedule
    59        for Dr. Arnott to remain as it is, the Wednesday, 22nd, so
    60        that we know we have got Tuesday evening to refresh our

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