Day 050 - 10 Nov 94 - Page 43
1 Monday and Tuesday of next week. My Lord, there is nothing
2 I need to add.
3
4 MR. JUSTICE BELL: What I would like to do is -- I am not
5 ordering that Miss Dibb should come on Monday for two
6 reasons -- I very much doubt whether I can but that is not
7 the main reason -- I do not want to make it look as if
8 I have made a direction which will put her under any
9 greater pressure. If she comes along on Monday morning and
10 just says: "I do not feel up to it", that will be that for
11 that day and for next week and until after her holiday. Do
12 you understand?
13
14 If she does not give evidence at the beginning of next
15 week, I think from Monday, 21st, onwards we should move on
16 with the balance of the case, that is, with the application
17 for leave to amend the Statement of Claim and any other
18 interlocutory matters which it is convenient to deal with
19 at that time.
20
21 If either party wants to raise any other interlocutory
22 matters, be it discovery or anything else, they should
23 notify the other side by 4 p.m. on Wednesday, 16th. I do
24 not mean "notify" in the sense of have a skeleton argument,
25 but just a list of the topics like the list, Mr. Morris,
26 you gave me on occasions in the past of matters to deal
27 with, something of that kind.
28
29 MR. RAMPTON: My Lord, I have already given notice that I intend
30 to raise the question of what the Defendants' case is on
31 nutrition. That is in the skeleton argument already.
32
33 MR. JUSTICE BELL: Yes. After dealing with those matters, by
34 which I mean dealing with the argument, and whether or not
35 I immediately proceed to give a decision and reasons,
36 I think we should then go on with recycling and waste
37 witnesses, because if Miss Dibb has not been well enough or
38 felt well enough to give evidence on Monday and Tuesday of
39 next week, we will in any event have had a two week gap
40 since the last advertising evidence before she can come
41 back to give evidence. So, I do not feel as strongly about
42 getting on with her evidence as soon as possible.
43
44 MR. RAMPTON: My Lord, that means that we should have to try and
45 find -- it may not be all that difficult -- witnesses for
46 Wednesday and Thursday, 23rd and 24th.
47
48 MR. JUSTICE BELL: Yes, I think they should be -----
49
50 MR. RAMPTON: Tuesday, we have somebody called Stump or
51 something. My Lord, anyhow, what we will try and do during
52 tomorrow and next week is to crystallize an order of
53 witnesses for the week beginning 21st, starting on the
54 Tuesday and relating to recycling and waste.
55
56 MR. JUSTICE BELL: Hopefully, we will able to start them on the
57 Tuesday, but I think it would help if you put in witnesses
58 for the Tuesday, Wednesday and Thursday who have some
59 flexibility.
60
