Day 047 - 07 Nov 94 - Page 60

     
     1
     2   MR. JUSTICE BELL: Well, it may not be necessary to have the
     3        blanks. Do you remember I said that I wouldn't call upon
     4        you to call your witnesses before you had heard the
     5        plaintiffs, but do you know how long the remaining cross
     6        examination of Mr. Hawkes is likely to be?
     7
     8   MR. MORRIS: To be honest, I haven't much idea because I would
     9        have to go and check I thought Mr. Green was such long time
    10        after Mr. Hawkes, I don't know whether he has covered
    11        everything we have asked Mr. Hawkes or what -- .
    12
    13   MR. JUSTICE BELL: Is he likely to take the whole of tomorrow?
    14
    15   MR. MORRIS: To be honest, I have not even looked at it since Mr.
    16        Hawkes gave evidence but certainly on Thursday afternoon,
    17        maybe we could start one of our witnesses Thursday
    18        afternoon?
    19
    20   MR. RAMPTON: My Lord, if there is only an hour left of Mr.
         Miles, I really would urge Your Lordship to say if Mr.
    22        Hawkes is finished tomorrow, the defendants should start
    23        their evidence on Wednesday.
    24
    25   MR. JUSTICE BELL: The difficulty in starting their evidence at
    26        one stage was the question about the references and which
    27        of those might be referred to.
    28
    29   MR. RAMPTON: As I say, I have more or less given up hoping I am
    30        going to get anything out of the defendants, and I am doing
    31        my utmost to get the references that I need and I am
    32        hopeful that I will have them tomorrow at least. If I do, I
    33        will serve them and I will provide copies for the court and
    34        I will be in a position to cross examine, if it were Miss
    35        Dibbs, cross examine her on Wednesday, assuming she will
    36        finish her evidence in chief on that day which I don't
    37        assume, and certainly by Friday or Thursday afternoon. But
    38        I don't mind, I will not try and dictate the order of
    39        things.
    40
    MR. JUSTICE BELL: Is it Miss Dibbs or Mrs Dibbs or Ms Dibbs?
    42        Ms Dibbs is available on Wednesday, is she? What about Miss
    43        Gallatley?
    44
    45   MS. STEEL: The thing with Juliette Gallatley is she has got to
    46        come down from the North of England. I mean, originally she
    47        was going to come on Wednesday.
    48
    49   MR. JUSTICE BELL: Well, what I suggest is she comes on
    50        Wednesday.  The only reason I am not being more positive 
    51        about when witnesses are called is because I am conscious 
    52        it's not for the judge to say when witnesses should be 
    53        called. It's for the parties to decide and it's normally
    54        done by agreement and if there is some disagreement then
    55        the judge helps resolve that, lest by orders but
    56        encouragement that a certain course be taken and I am
    57        conscious it's not for me to start saying, you must call
    58        this witness then and that witness some other time.  But
    59        what I would strongly encourage you to do is this point of
    60        view, you have cross examined Mr. Miles to a large extent.