Day 043 - 01 Nov 94 - Page 06
1
2 MR. JUSTICE BELL: That is another consideration. If what is
3 being asked is, if this is going to be put, it is only fair
4 to give the witness time to make an enquiry to answer it,
5 then I understand. I thought you were objecting to it
6 being put at all.
7
8 MR. RAMPTON: No, no, not at all. If this, as I call it,
9 extension to or supplementary witness statement by Sue Dibb
10 had been served at the proper time when these materials
11 were generated, which I think was more or less in June of
12 this year, then we should certainly have been expected to
13 be in a position to deal with the factual matters which
14 they raise. As it is, we are not.
15
16 MS. STEEL: I am getting fed up with Mr. Rampton saying that we
17 should have served things earlier. I do not know whether
18 you remember, but in December last year we made an
19 application for more documents about nutrition. Now,
20 nothing further was -- well, I think there might have been
21 two further documents that were served. Then, this summer,
22 after quite a few of their witnesses on nutrition had
23 already been heard, we were served a whole new bundle of
24 nutrition documents. I really do not think they are in any
25 position to complain and criticise us, because we have not
26 got the resources, whereas they have. If they cannot
27 manage to do things on time, then why should we be expected
28 to?
29
30 MR. JUSTICE BELL: I understand that, but whichever side the
31 documents come from, if they come other than according to
32 the usual practice, which is service well before the trial,
33 it is right that the party upon whom they are served has
34 time to consider them and if, for instance, they are
35 disputed, prepare themselves with a reply to them. That
36 rule will apply -- I say "rule" -- that response by me will
37 apply to you if documents are served on you which you need
38 to prepare upon. Obviously, people have to prepare
39 themselves as quickly as possible, because everyone wants
40 to get on with the case insofar as it is practicable to do
41 so, and I must rely on both sides -- and I mean both sides
42 -- not to just use it as an opportunity for making a
43 stand, by saying: "Now it is going to take X days to get
44 ready for this." I must rely upon everyone's good faith in
45 that regard.
46
47 Mr. Hawkes, you go about your other business now. Make
48 sure that you have some means of communications with
49 Mrs. Brinley-Codd or Mr. Hill later in the day.
50
51 MR. MORRIS: Shall I serve the documents I have?
52
53 MR. JUSTICE BELL: Have you bundles ready for everyone?
54
55 MR. MORRIS: Yes. The first thing is that there were copies of
56 the National Food Alliance Report, Responsible Food
57 Advertising, which I served yesterday. There is a copy for
58 the judge and a copy for the witness box.
59
60 MR. JUSTICE BELL: Where do you suggest that goes?
