Day 048 - 08 Nov 94 - Page 65

     
     1        have not only decided whether there should be leave but
     2        also given my reasons if I do decide that there should be
     3        leave.
     4
     5   MS. STEEL: I think the suggestion you made about a bit of time
     6        would solve the problem really.
     7
     8   MR. JUSTICE BELL: I do not want to put the question of amendment
     9        off indefinitely because if there is an amendment which
    10        might be thought to be significant, I think the sooner the
    11        thing is made the better.  On the other hand, you have
    12        known for some time now that the plaintiffs wished to seek
    13        leave to amend and you will remember that I was keen that
    14        when you took Dr. Barnard through his evidence, you dealt
    15        with it on the basis that the case was pleaded both ways,
    16        both as it is now and as it would be if leave to amend was
    17        given. So you did not miss the opportunity of asking
    18        Dr. Barnard anything you wanted, but I think we just come
    19        back to it when a decision is made.  If I do not give leave
    20        to amend, all this is wasted breath.  If I do, I will give
         you time to consider the ramifications of the amendments as
    22        you see them and the ramifications of any reasons I have
    23        given as you see them.
    24        What I think we should do is leave Professor Crawford on
    25        one side until we have reached that stage and treat the
    26        next stage of the proceedings after our break as dealing in
    27        whatever order with the application for leave to amend and
    28        the remainder of the waste and recycling of waste.
    29
    30   MS. STEEL: I mean that in itself, even putting the Crawford
    31        stuff to one side, is quite a problem for us to sort
    32        everything out in terms of reading through, refreshing our
    33        minds----
    34
    35   MR. JUSTICE BELL: I will listen to you on that. At the moment I
    36        am still hoping that we will finish the advertising
    37        witnesses this week which will give you a week to brush up
    38        again on advertising and waste which we started on, to some
    39        extent, in July and the question of application for
    40        amendment. Now, is Miss Gallatley coming tomorrow.
    41
    42   MR. MORRIS: Yes, she is.
    43
    44   MR. JUSTICE BELL: Do you still want time in the morning?
    45
    46   MR. MORRIS: No.  She is coming down early tonight specially. I
    47        won't be able to see her tonight because I have child care
    48        responsibilities.
    49
    50   MS. STEEL: Would it be possible to start half an hour... 
    51 
    52   MR. JUSTICE BELL: I will say that we will resume at 11 o'clock 
    53        tomorrow morning. If you see the printed list at 10:30,
    54        that is just because it is too late to change it.  We will
    55        resume at eleven o'clock tomorrow morning.
    56
    57   MR. RAMPTON:  Might I inquire,  I mean Mr. Miles is threatened
    58        with only another hour's cross-examination.  His
    59        re-examination will it be as short as Mr. Hawkes' or
    60        shorter, whether Ms Dibbs is coming on Thursday?