Day 047 - 07 Nov 94 - Page 61
1 If your estimate of a further hour is right, that means
2 that you, in so far as length of time is concerned, you are
3 about three quarters way through it. I would have thought
4 you could perfectly well, assuming we finish Mr. Hawkes
5 tomorrow, go on to Miss Gallatley on Wednesday. Either she
6 will be finished on Wednesday or in case there is anything
7 further you want to ask her after cross examination of Mr.
8 Miles, we can go back to her after Mr. Miles is finished on
9 Thursday. As I am sitting on my own I don't mind juggling
10 around of that kind. I find it less disrupting than
11 juggling around between one topic in the case and another.
12 Just listen to me for a moment and then that might well
13 mean that come Thursday afternoon, Mr. Hawkes, Mr. Miles
14 and Miss Gallatley had completed their evidence and you
15 were able to start Ms Dibbs on Friday morning.
16
17 MR. MORRIS: Yes, I mean, we are flexible about, you know,
18 cooperation with the parties and I mean in principle,
19 obviously we prefer to call all our advertising witnesses
20 after their case has been heard, their witnesses have been
21 heard. In this case we will be calling Ms Gallatley before
22 Mr. Miles had finished but --
23
24 MR. JUSTICE BELL: There isn't a lot more today and if, for
25 instance, Miss Gallatley came down on the Wednesday and
26 stayed overnight until the Thursday anyway which she might
27 well have had to do come what may, we can put Mr. Miles in
28 and she can come back into the witness box if there is
29 anything she hadn't dealt with you thought, having heard
30 all Mr. Miles' evidence. If Miss Gallatley gave her
31 evidence and was completed on Wednesday you might well
32 think that there was nothing to lose letting her go home
33 and carry on with Mr. Miles. Then you have got Ms Dibbs who
34 you are going to call after all the plaintiff's witnesses
35 on advertising have given their evidence. Have I forgotten
36 someone, Mr. Rampton?
37
38 MR. RAMPTON: No, no, My Lord, I have no feelings about that
39 scenario at all. I am perfectly content. I should only add
40 that perhaps this, if Ms Dibbs isn't called until Friday, I
41 don't mind whether she's or isn't, it's probable we won't
42 finish her on that day and that means we shall eat into the
43 next week, but so be it.
44
45 MR. JUSTICE BELL: We might have to sit Monday of next week but
46 then there would still be the rest of the week as an
47 interlude before we argued about amendment and began the
48 remainder of the waste witnesses.
49
50 MS. STEEL: There was actually another point in arguing about the
51 amendment. We have had a change to take brief advice but
52 really we want to take quite a bit of time over looking
53 through previous transcripts and things like that and we
54 were not sure that we were going to be ready to do that
55 immediately after -- .
56
57 MR. JUSTICE BELL: I would like to complete this part of the
58 case. It's obvious that in this case it all has to be taken
59 step by step. If one makes plans too far ahead, it invites
60 disappointment and frustration and it's not good or anyone.
