Day 043 - 01 Nov 94 - Page 03

     
     1   MR. JUSTICE BELL:  He was not due to start tomorrow.  He might
     2        well have started to today if you had finished
     3        cross-examining Mr. Hawkes.
     4
     5   MR. MORRIS:  Yes, if we finish.  So that is the subject of the
     6        documents.  As far as -- the Plaintiffs, themselves, served
     7        documents on us on Friday and, in fact, yesterday morning
     8        in court they gave us a document.
     9
    10   MR. JUSTICE BELL:  Because of that, if you made the same request
    11        which Mr. Rampton had made in respect of one of your
    12        witnesses, I would give it the same consideration as
    13        I will give Mr. Rampton's request.
    14
    15   MR. MORRIS:  All I am saying is that if that becomes the kind of
    16        norm, then it is going to be virtually impossible for any
    17        witness to be properly cross-examined by either side
    18        because, you know, there is going to be:  "Oh, we cannot
    19        cross-examine Mr. Green today because we only got our
    20        document yesterday and we have not had time to look into
         the implications of it."
    22
    23   MR. JUSTICE BELL:  It depends on the document.  Some of the
    24        documents we have had, for instance, have been a particular
    25        medical or scientific paper which may or may not require
    26        detailed, lengthy consideration.  Some of the sheets -- for
    27        instance, the sheet which shows a percentage of turnover
    28        spent on marketing or advertising or promotion -- may not
    29        need very much immediate consideration.  It can be picked
    30        up as time goes on.
    31
    32        I am not sure at the moment what the basis for the figures
    33        is, how they are obtained or how reliable they are, but
    34        that sort of thing can be left over to see if there is any
    35        further evidence in relation to it.
    36
    37        If the documents are rather more substantial and one side
    38        or the other -- and it does not matter whether it is
    39        Mr. Rampton or you, or Ms. Steel -- says:  "No, we feel
    40        that since these have been disclosed much later than they
         should have been, for whatever reason, we should have the
    42        opportunity to give them something approaching the
    43        consideration we would have been able to give them if they
    44        had been disclosed months ago",  then I have to fairly
    45        consider that request.  It does not matter whether it is
    46        made by Mr. Rampton or by you.  If, in the past, because
    47        you are unacquainted or less acquainted with the normal
    48        rules of procedure, you have not made that request, then
    49        there we are.  Remember in the future, if Mr. Rampton
    50        produces something. 
    51 
    52        Why do you need to go on for 35 minutes now, rather than 
    53        Mr. Hawkes coming back tomorrow or whenever?
    54
    55   MS. STEEL:   If he comes back tomorrow, that is all right, but
    56        we wanted to continue with some cross-examination before we
    57        got on to cross-examining Mr. Green.
    58
    59   MR. JUSTICE BELL:  What I think you should do is -- do you know
    60        how long Mr. Green is likely to be in chief?