Day 096 - 03 Mar 95 - Page 70


     
     1   MR. JUSTICE BELL:  One matter has occurred to me and I will not
     2        dig it out again, but having read Mr. Bennett's statement
     3        it appears to me that in some places he refers to certain
     4        documents and appears to give secondary evidence of their
     5        actual contents, i.e. what they actually say.  I am just
     6        saying this without hearing argument.  Therefore, there may
     7        well be documents to which he refers which he will not be
     8        able to refer to unless they are actually produced.
     9
    10   MR. RAMPTON:  We are well conscious of that.  We do not believe
    11        at the moment that there are any documents which have not
    12        already been disclosed.
    13
    14   MR. JUSTICE BELL:  That may be.  They have been disclosed.
    15
    16   MR. RAMPTON:  I think they have, but if there is anything that
    17        has not been disclosed and he wants to refer to, then it
    18        will have to be disclosed if he is going to refer to them,
    19        and duly will be in very good time before he gives
    20        evidence.
    21
    22   MR. JUSTICE BELL:  Yes, Ms. Steel and Mr. Morris, what matters
    23        should be dealt with on Monday apart from scheduling?  Are
    24        there any other topics on scheduling, apart from those
    25        I mentioned or Mr. Rampton mentioned?
    26
    27   MR. MORRIS:  I do not think so.  If we are going to leave some
    28        matters to a later time, then the employment witnesses
    29        matter Mr. Rampton raised does not seem to be urgent.
    30
    31   MR. JUSTICE BELL:  It is with regard to scheduling.  It is very
    32        important with regard to scheduling.
    33
    34   MR. MORRIS:  And the discovery relating to -- if we are going to
    35        be dealing with some amendments and not others, for
    36        example, the food poisoning matters -----
    37
    38   MR. JUSTICE BELL:  What are you suggesting?
    39
    40   MR. MORRIS:  Anything that arises out of that, because I think
    41        you indicated that one of the purposes of doing the
    42        specific pleadings was to see what discovery would be
    43        relevant because of that.
    44
    45   MR. JUSTICE BELL:  Let me just look at the moment.  The first
    46        five matters can be left for the time being.  I have
    47        paragraphed them (1) to (5), that is, destruction of the
    48        environment.  That is not to say that I do not think they
    49        should not be heard fairly soon, but they do not have to be
    50        heard before the rearing and slaughter and food poisoning 
    51        witnesses. 
    52 
    53        The remainder are relevant to food poisoning but the ones
    54        about which there needs to be argument, 6, 12, 13 and 15,
    55        if that is still alive.  So, there are either three or four
    56        questions of amendment which need to be dealt with on
    57        Monday.
    58
    59   MR. RAMPTON:  My Lord, if those are all that are to be dealt
    60        with on Monday, I do not anticipate a problem.  Most of

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