Day 043 - 01 Nov 94 - Page 04

     
     1
     2   MR. RAMPTON:  No, my Lord.  One has seen how long Mr. Hawkes has
     3        been.  I was half a day with Mr. Hawkes.  I shall be
     4        slightly longer than that with Mr. Green, because there are
     5        two specific topics he can deal which Mr. Hawkes could not
     6        because he is not an American.  Mr. Green will take us
     7        through the American advertisements.  So I would suspect
     8        that I will be three-quarters of a day with Mr. Green in
     9        chief.  Judging by the length of time the Defendants have
    10        so far taken to cross-examine Mr. Hawkes, I would think it
    11        unlikely, if we start Mr. Green today, that we shall finish
    12        his evidence much before the end of Friday, on present
    13        track records.
    14
    15        I am not anxious to bring Mr. Hawkes back in a way which
    16        would interrupt Mr. Green's evidence and prevent his return
    17        to America at the end of week.  I see absolutely no
    18        reason-----
    19
    20   MR. JUSTICE BELL:  I am not sure.  I have to say that, although
         I have tried to be understanding about witnesses who come
    22        from some distance, I do not think I can keep on saying:
    23        "Yes, they can go back to America and come back later."
    24        I will consider each witness in each witness's place if
    25        that arises.  But the fact is that your clients started
    26        this litigation.  That, they are perfectly entitled to do.
    27        They may -- I do not know yet -- win the case, and it may
    28        prove justified in that sense.  But the fact is, when they
    29        started the case, they must have realised there was a risk,
    30        if no more, that it would be a protracted matter which
    31        would cause considerable disruption and inconvenience.
    32
    33   MR. RAMPTON:  My Lord, I understand that.  All I am arguing is
    34        that it would be convenient to Mr. Green and of no
    35        inconvenience to anybody else if Mr. Hawkes is not brought
    36        back so as to interrupt Mr. Green's evidence.  That is all.
    37          The Defendants must have expected to cross-examine
    38        Mr. Green this week, anyway.
    39
    40   MR. JUSTICE BELL:  I do not know.  I just do not know.  What
         I think we should do now is, we should let Mr. Hawkes go,
    42        because I cannot see any particular advantage in 35 minutes
    43        now rather than later.  We should go on to Mr. Green in
    44        chief, and I will take stock at the end of his
    45        evidence-in-chief, which will probably be some time pretty
    46        late today, in any event.  If, perchance, he is not
    47        finished in chief by the end of today, we will take stock
    48        at the end of today, in any event.  So I will not call upon
    49        you to cross-examine Mr. Green today, in any event, unless
    50        you want to start cross-examining him today and there is 
    51        time to do that. 
    52 
    53   MS. STEEL:  We have not got enough prepared.
    54
    55   MR. JUSTICE BELL:  Do not concern yourself with that because, as
    56        I have said, we will take stock at the end of his
    57        evidence-in-chief.
    58
    59   MR. RAMPTON:  My Lord, I heard Mr. Morris say not very long ago
    60        that he has now got some documents which he maintains are