Day 050 - 10 Nov 94 - Page 45

     
     1        thinks it is not in her interests, just ask her if he will
     2        write a two or three line note to that effect and bring it
     3        along.
     4
     5   MR. MORRIS:  I do not see why the Plaintiffs have a right to
     6        expect or accept any note from any doctor of one of our
     7        witnesses.  It is absolutely nothing to do with him
     8        whatsoever.  We can call our witnesses when we want to call
     9        our witnesses, unless we are ordered to do otherwise.  We
    10        have said that we are co-operating fully with all the
    11        suggestions that are being made to move the situation on as
    12        well as possible.  We will put to her, ask her to come on
    13        Monday to tell us whether she feels she can go ahead.
    14
    15   MR. JUSTICE BELL:  She might, for all I know, be very happy and
    16        confirmed in her own mind if she got a note but I will just
    17        leave that where it is.
    18
    19   MS. STEEL:  It was just that the insinuation by Mr. Rampton
    20         -----
    21
    22   MR. JUSTICE BELL:  It was not because of that I took it up.
    23        I will just leave it there.  If she does not feel well
    24        enough on the Sunday to come along on Monday morning, you
    25        come along and tell me about it.  If she does feel well
    26        enough at least to come, then we will pick it up there and
    27        form a judgment with her help as to whether she is fit to
    28        start her evidence.  We will not in any event sit on
    29        Wednesday, Thursday and Friday of next week.  We will do
    30        the legal argument on Monday and Tuesday, if it necessary,
    31        and then we will go on to recycling and waste witnesses on
    32        the Thursday.
    33
    34        I noticed that in Part 6 of 4 All England Reports this
    35        morning -- I cannot remember now although I have read your
    36        skeleton statement whether you have had wind of this
    37        already.
    38
    39   MR. RAMPTON:  No, Mr. Atkinson had found it this morning, as
    40        your Lordship did.
    41
    42   MR. JUSTICE BELL:  What I will do is lend my copy to you.
    43
    44   MR. RAMPTON:  Is it only in the All England?
    45
    46   MR. JUSTICE BELL:  I do not know.  It may be elsewhere, but it
    47        is Beaco Limited v. Alfa Laval Company Limited and Another
    48        which, among other matters, purports to set out what the
    49        guiding principle is in deciding whether to grant leave to
    50        amend.  In other words, it is a case which has recently 
    51        been decided and only just been reported, so far as I am 
    52        aware.  But you borrow mine but I will need it back at the 
    53        beginning of the argument.
    54
    55   MS. STEEL:  Thank you.
    56
    57   MR. RAMPTON:  My Lord, might I mention one other thing while we
    58        are all here?  I am looking a long way ahead.  Employment
    59        will not be reached until after Christmas.  The Defendants,
    60        as your Lordship recalls, have a list of some 30 or so