Day 050 - 10 Nov 94 - Page 47

     
     1
     2   MR. JUSTICE BELL:  What is the position with regards to that,
     3        Mr. Rampton?
     4
     5   MR. RAMPTON:  My Lord, I do not know.
     6
     7   MR. JUSTICE BELL:  It is quite right that when I made the order
     8        in that form, I think everyone was contemplating the
     9        witnesses coming back, or that the witnesses might come
    10        back, as soon as September or October.
    11
    12   MR. RAMPTON:  That may be but, as I understood the purpose or
    13        the principal purpose of your Lordship's order, it was that
    14        the Defendants should have sufficient notice before the
    15        witnesses were called to digest the content of the
    16        affidavits so as to prepare for cross examination.  If two
    17        weeks was long enough then, it is long enough now.
    18
    19   MR. JUSTICE BELL:  Except that if I had known it was going to go
    20        on, we were going to be in the situation we are now, so far
         as timing of those witnesses are concerned, I might well
    22        have said within 56 days or something of that kind so we
    23        did have an absolute date.
    24
    25   MR. RAMPTON:  Yes.
    26
    27   MR. JUSTICE BELL:  What I am minded to say is that any further
    28        statement of an expert witness on the topic which
    29        Miss Carroll was going to deal with, and the affidavits
    30        which have just been raised, should be served by Friday,
    31        16th December.  The reason I pick that is that it will give
    32        us some time in the following week (which will be the last
    33        effective week before the Christmas break) to discuss or
    34        argue any dispute which has arisen out of any of those
    35        matters.  Do any of you have anything to say about that?
    36
    37   MR. RAMPTON:  No, I think from our side, I do not see that as
    38        being a problem; if it is, I will tell your Lordship.
    39
    40   MR. JUSTICE BELL:  It is five weeks from tomorrow, Friday,
         16th December.
    42
    43   MR. RAMPTON:  If it presents a problem, I will tell your
    44        Lordship, but as matters presently stand, it does not look
    45        as though it will be.
    46
    47   MR. JUSTICE BELL:  I am not making an order or direction.  I am
    48        saying that I will expect them to be served by that time
    49        which means that on either side the matter can be raised if
    50        it has not been done. 
    51 
    52   MR. RAMPTON:  I would like to raise a relatively simple 
    53        question:  I do not actually know which is the last sitting
    54        day of this term.  Mrs. Brinley-Codd knows it is
    55        19th December -- 21st, is it?
    56
    57   MS. STEEL:  What date do we come back?
    58
    59   MR. JUSTICE BELL:  21st December.
    60