Day 169 - 04 Oct 95 - Page 31
1 as we have some names to propose.
2
3 MR. MORRIS: Maybe Friday 13th (which is a fateful day) could be
4 the legal matters if we have not finished the witness.
5
6 MR. JUSTICE BELL: What it would seem most sensible to me to do
7 is to see if Mr. Fairgreave can come without any really
8 serious inconvenience on 10.30 on Wednesday the 11th. Do
9 your very best to be in a position -- this is all parties
10 -- to proceed as soon as his evidence finishes with the
11 Bath documents, if only because some of the issues will
12 still be fresh in our minds.
13
14 Although we pencilled in meaning for Friday the 20th, I do
15 not really see why one should not be able to go on from
16 Bath documents to that, if need be, because having read
17 through the argument on both sides over the amendment,
18 I find it very difficult to see how very much more can be
19 said about the actual meaning which, at the end of the day,
20 is just how it hits me, provided I have got in mind all
21 points which the parties would wish to make.
22
23 MS. STEEL: I do have more that I want to say upon that issue.
24
25 MR. JUSTICE BELL: Yes, I appreciate that.
26
27 MS. STEEL: In particular, in respect of legal arguments about
28 the Charleston case and possibly about the Skuse case as
29 well. We were trying to get legal advice about that. In
30 actual fact, we had a meeting set up for last night. The
31 chap who came into court was telling us that the solicitor
32 had to cancel the meeting. So, as yet, we have not had
33 time to get legal advice on that.
34
35 MR. JUSTICE BELL: I would very much like you to press ahead
36 with that. Neither the Charleston case nor the Skuse case
37 is at all difficult to understand. In fact, I think a lot
38 of people in the street would say: "What is surprising
39 about that?"
40
41 MS. STEEL: No, about the interpretation of -- I mean, I do not
42 whether that is right, but it struck me there were
43 different interpretations between the parties as to what
44 the cases meant so.
45
46 MR. JUSTICE BELL: Take your advice.
47
48 MS. STEEL: We will try to but the problem is whether or not we
49 can get advice before next ----
50
51 MR. JUSTICE BELL: I would like you to do your best but, at the
52 end of the day, if I think it is a situation where legal
53 advice on those is not really going to help because,
54 although it is legal authority, it says no more than most
55 people would think is common sense. I cannot postpone the
56 matter because you have difficulty getting a qualified
57 lawyer to advise you on it.
58
59 MS. STEEL: It is not so much postponing it because at present
60 it is being brought forward. I mean, part of the reason
