Day 083 - 06 Feb 95 - Page 60


     
     1   MR. JUSTICE BELL:  Yes.  What do you suggest about continuing
     2        the argument on the interlocutory matters?
     3
     4   MR. MORRIS:  I think it would be helpful if we could do them.
     5        I think the counterclaim matters are important because it
     6        is a fundamental point that affects all the evidence in the
     7        case.
     8
     9   MR. JUSTICE BELL:  Is it something I have not yet ruled on?
    10
    11   MR. MORRIS:  Yes, it is something you have not yet ruled on.  In
    12        effect, it is arguing that the Plaintiffs should identify
    13        what sections of the Fact Sheet they are saying are not
    14        true and any related matters to do with that.
    15
    16   MR. JUSTICE BELL:  I cannot remember now, is Mr. Atherton based
    17        in London?
    18
    19   MR. RAMPTON:  He sometimes is and he sometimes is not.
    20
    21   MR. JUSTICE BELL:  But he, presumably, was going to be in London
    22        tomorrow?
    23
    24   MR. RAMPTON:  He is going to be in London tomorrow, Wednesday,
    25        Thursday and Friday.
    26
    27   MR. JUSTICE BELL:  I think we should say not before 2.00
    28        tomorrow for Mr. Atherton.  If we break into the argument
    29        at sometime late tomorrow morning, we can decide whether
    30        that is realistic or not, 2 o'clock.
    31
    32   MR. RAMPTON:  No, he is quite content.
    33
    34   MR. JUSTICE BELL:  In other words, we have something like the
    35        same arrangement we had with Professor Keen.
    36
    37   MR. RAMPTON:  Yes, he has written off the next four days anyway
    38        and will be in London.  My Lord, this is slightly difficult
    39        but I am not anxious to postpone Mr. Ashley Bowes unless it
    40        is absolutely necessary.  I would not in the normal way
    41        dream of making any enquiry about Ms. Steel's funeral, but
    42        your Lordship does have a power to make enquiry as to
    43        whether it is a funeral that she needs to attend.  I am
    44        choosing my words as carefully as possible because I do not
    45        want to tread on anybody's toes -- on the contrary -- or
    46        whether it is necessary that she should be here on that
    47        Tuesday while Mr. Bowes is giving evidence.  If she should
    48        wish not to be here, then she is quite at liberty not to be
    49        here.  She does not have to attend court.  It is not a
    50        criminal case.  She can come and go as she wishes.  I leave 
    51        it there. 
    52 
    53   MR. JUSTICE BELL:  That we can certainly consider, but I do not
    54        propose to enquire as to the -- the feeling of obligation
    55        to attend a funeral is very much in the mind and heart of
    56        the person who wishes to go.  I do not propose to make any
    57        enquiry as to who it is or what kind of relationship
    58        Ms. Steel had with the person who has died.  The other
    59        question of whether the case can proceed at all and, if so,
    60        to what extent in her absence is another matter entirely.

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