Day 308 - 28 Nov 96 - Page 41


     
     1        evidence which the Defendants have advanced by way of
     2        justification, and what the Plaintiffs have said by way of
     3        rebuttal.
     4
     5        My Lord, I said I would not say much about the merits, but
     6        I will sit down with this observation -- there is also a
     7        key, and I think I mentioned that -- I sit down with this
     8        observation:  for once in my long career at the Bar, I am
     9        actually -- and this is a comment on the merits -- quite
    10        relieved to find that, for once, what I said in opening is
    11        not much betrayed by the evidence.
    12
    13   MR. JUSTICE BELL: Yes.
    14
    15   MR. RAMPTON:  It is entirely a matter for your Lordship, when we
    16        come back to court and thereafter, the manner in which your
    17        Lordship will want me to deal with the various bits of the
    18        submissions.
    19
    20   MR. JUSTICE BELL:  What I propose to do is to rise now and start
    21        reading what you have provided me with.  Everyone should be
    22        prepared to resume at 10.30 on Monday morning, but if by
    23        about the middle of tomorrow, I think I would appreciate
    24        more time after the weekend as reading time, I will ask
    25        Mr. Glenn to pass messages around.  So, as soon as I do
    26        rise, I will ask Mr. Glenn to stay and I will ask him to
    27        make sure he knows where he can contact people early
    28        tomorrow afternoon.
    29
    30   MR. RAMPTON:  I am grateful.  The only other thing I should say,
    31        as your Lordship reads through you are bound to come upon
    32        some typographical errors.  I do not make much of an
    33        apology for that, because with a document of this size it
    34        is bound to happen.  Also, there are still, I think
    35        particularly in employment, one or two missing references.
    36        I will supply those, if your Lordship does not have those
    37        already, in the course of next week.
    38
    39   MR. JUSTICE BELL:  Very well.  We will see where we get to.
    40
    41   MR. MORRIS:  Can I say something about the timetable in terms of
    42        our legal submissions?
    43
    44   MR. JUSTICE BELL:  Yes.
    45
    46   MR. MORRIS:  Obviously, we have got to prioritise reading this
    47        and taking this in.
    48
    49   MR. JUSTICE BELL:  If I can make a suggestion about that:  you
    50        have, in fact, had your say on all the topics in this case, 
    51        with these two riders, which we previously discussed, that 
    52        if you think you ought to have an opportunity to respond on 
    53        counterclaim, I have said you can apply to me about that
    54        and I will consider that.  I have also said that I will
    55        give you an opportunity to say what you will, although
    56        I may have to put restrictions on the time to be taken in
    57        relation to the law.  Ms. Steel indicated that you are
    58        hoping to put any submissions, or further submissions, on
    59        the law in writing; and I urge you to do that.
    60

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