Day 097 - 06 Mar 95 - Page 05
1 with your Lordship's, of course they are not. My clients
2 naturally want to see an end to this case as soon as is
3 reasonably possible. I have a duty to my clients to
4 achieve that as nearly as I possibly can.
5
6 Obviously -- I do not have to say this to your Lordship but
7 it maybe the Defendants ought to know it -- it is unique,
8 in my experience, that an application of this kind should
9 be made with information supplied in full to the Judge
10 which is not supplied to the opposite party. That is not
11 an argument that I would like to make in these particular
12 circumstances.
13
14 On the one hand, I have the difficulty that litigation is a
15 known cause of stress in almost every case, particularly
16 where one or other or both of the parties is a human being
17 rather than a corporation. It is a very well-known
18 phenomenon. On the other hand, I would, undoubtedly, have
19 to agree with your Lordship that there have been times when
20 one has noticed that Ms. Steel's composure, if I can put it
21 like that, has not been what one would wish to see.
22
23 I say that for this reason. McDonald's have no wish to win
24 this case by any but proper and fair means. If they won it
25 in a position where one of the litigants was able to say
26 that they have not been able to present a proper defence
27 because they have been unwell, that would not be
28 satisfactory to McDonald's either.
29
30 So, my Lord -- I really have to say that I am in your
31 Lordship's hands -- of course, I am not happy about having
32 more than the quite substantial and very unusual breaks
33 that we have already had in this case. Equally, however,
34 I have no wish to achieve what one might look at the end of
35 the case as something of a hollow victory, nor would I wish
36 Ms. Steel's, as it were -- I do not mean this in any
37 offensive way at all -- health to pack up during the
38 currency of the case.
39
40 MR. JUSTICE BELL: No, it seems to me there are two further
41 things I can say. I do not think the words she has
42 preferred not to read out actually add anything of
43 substance to ---
44
45 MR. RAMPTON: I accept that.
46
47 MR. JUSTICE BELL: -- what she has actually read in chambers.
48 Certainly, none of it affects the merits of the case one
49 bit. I do not think the words which she has preferred not
50 to read out add anything or take anything away from any
51 application she might make or any resistance you might
52 offer for asking for more time for rest, as it were.
53 I think, quite apart from not wanting anyone to fall ill
54 for any reason whatsoever (which is, I have to say, the
55 most important factor of the lot), if one is hard-headed
56 about it and looks at the conduct of the case, it would
57 hardly help matters if someone fell ill.
58
59 MR. RAMPTON: Quite, I agree.
60
