Day 065 - 09 Dec 94 - Page 78


     
     1        attend to give evidence on, say, Monday or Tuesday of the
     2        following week and whether you would like him to do so,
     3        provided that we have time, having dealt with interlocutory
     4        matters.  So, I think that is all -- I say all; it is quite
     5        enough -- but that is what you are facing before the end of
     6        term, Dr. Gonzales, Mr. Hopkins and the interlocutory loose
     7        ends.
     8
     9   MR. RAMPTON:  I can say this in relation to Mr. Hopkins that,
    10        having thought a little bit about it, I doubt my
    11        cross-examination would be very long at all.  Your Lordship
    12        has probably already guessed that, but I have had a look
    13        and, to be quite honest, I do not think I will be very long
    14        with him at all.  It is quite likely, the more so if the
    15        Defendants take his evidence-in-chief shortly, that he will
    16        be done well within a day.
    17
    18   MR. JUSTICE BELL:  I would like you to think about that.
    19
    20   MR. MORRIS:  I have asked him to clear that space.  I think he
    21        can attend, so I will put him on notice.
    22
    23   MR. JUSTICE BELL:  Put him on notice for the Monday or the
    24        Tuesday, although we will just have to see how we go on
    25        time.
    26
    27        Dr. Gonzales deals very largely with rearing and slaughter.
    28          So, I think it appropriate for me to say now that, having
    29        considered the matter further, I do propose to grant leave
    30        to the Plaintiffs to amend their case both in relation to
    31        4L which is rearing and slaughter and 4F which is
    32        nutrition.
    33
    34        I will give my formal decision and full reasons for that,
    35        probably in order to save court time, by handing them down
    36        in writing after we resume on Wednesday morning.  If I do
    37        take course they will be read into the transcript so that
    38        they are public.
    39
    40   MR. MORRIS:  You have given them leave to do so in the words
    41        which they have identified?
    42
    43   MR. JUSTICE BELL:  In the form of the proposed amended Statement
    44        of Claim.  At the same time I will deal with your request
    45        for Further and Better Particulars and clarification in
    46        relation to the Further and Better Particulars of the
    47        defence to counterclaim.  So, assuming that does not take
    48        very long because I do hand them down in writing, what you
    49        have to do is form some view of how long you think the
    50        other interlocutory matters will take.  I know it is always 
    51        easy but.  What I think would ------ 
    52 
    53   MR. MORRIS:  I think a whole day would be prudent.
    54
    55   MR. JUSTICE BELL:  It maybe.  Think about it.  What I do not
    56        think we ought to do -- I would like to have Mr. Hopkins in
    57        and finish him next -- is take any risk of not finishing
    58        the interlocutory matters because we have put him before we
    59        have begun to deal with those.  I would like to be able to
    60        do all three things; complete Dr. Gonzales, hear

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