Day 055 - 25 Nov 94 - Page 76

     
     1        environment/index.html">litter in the King's Road and you will not be
     2        inconvenienced by them being called after some of your
     3        recycling and waste witnesses as long as they are not
     4        called after Mr. McIntyre.
     5
     6   MR. MORRIS:  We are not objecting to any of that.  We are trying
     7        to see in reality what is going to happen.
     8
     9   MR. JUSTICE BELL:  The only other witnesses for the Plaintiffs,
    10        as I understand it, on this are Mr. Mallinson, Professor
    11        Ashworth, Mr. Oakley, and the gentleman who will deal with
    12        pulp processing if, but only if, you find another witness
    13        as a substitute for Miss Carroll.  There is no harm, is
    14        there, in you calling your recycling and waste witnesses or
    15        some of them before Mr. Bateman?
    16
    17   MR. MORRIS:  There would only be one that would be relevant, I
    18        think, which would be Mr. Hopkins because Mr. McIntyre
    19        would have to wait; Mr. McIntyre is the Chelsea resident he
    20        can quite happily wait until after Mr. Stump and
         Mr. Siddique.  Obviously we have to line Mr. Hopkins up for
    22        the week after next.
    23
    24   MR. JUSTICE BELL:  Why do you not try to see if Mr. Hopkins can
    25        come on say Tuesday 6th.
    26
    27   MR. RAMPTON:  My Lord, can I interrupt?  I had quite forgotten,
    28        it is entirely my fault at least in part, Mr. Van Erp who
    29        the Defendants now say they wish to be called as a
    30        witness.  In other words, what they are doing 400 months
    31        after they should have done it but no matter, is to serve
    32        orally a counter notice of the Civil Evidence Act under the
    33        rules saying that they require him to come to court as a
    34        witness.  My own view is that all things considered, and
    35        I mean all things, it is probably if he does come to give
    36        evidence.  This means he has to be fitted. Again, it is my
    37        view, but I am usually wrong about these things as
    38        experience has taught all so bitterly during this case,
    39        that he ought to be a rather short witness.
    40
    MR. JUSTICE BELL:  Do you know whether he can come on Tuesday or
    42        Wednesday, 6th or 7th?
    43
    44   MR. RAMPTON:  I think that hand signal means 75 per cent
    45        certain, yes.
    46
    47   MR. JUSTICE BELL:  Perhaps some further enquiry could be made
    48        about that.  What I was going to suggest is if we go on to
    49        Mr. Van Erp on Tuesday the 6th, if he is available, and in
    50        any event Tuesday 6th or 7th Mr. Hopkins who is the 
    51        antidote to Mr. Mallinson.  What we have done then is 
    52        missed out Monday, 5th December which will allow some space 
    53        if Mr. Oakley overruns, and it would mean, hopefully, on
    54        that day we could come back to the question of amendment.
    55
    56   MS. STEEL:  On the 5th?
    57
    58   MR. JUSTICE BELL:  On Monday 5th.
    59
    60   MR. RAMPTON:  My Lord, we have now a space on the morning of