Day 097 - 06 Mar 95 - Page 09

     
     1        if your Lordship thought we should not sit for those three
     2        days.
     3
     4        I hope your Lordship will understand if, when we make an
     5        enquiry, your Lordship having indicated a desire not to sit
     6        on those three days, he should come back to us and say:
     7        "Well, I am sorry, I just cannot come any earlier".
     8
     9   MR. JUSTICE BELL:  I have purposely said I am not deciding the
    10        matter because I want to have all the relevant information
    11        before I do.  You wanted to say -- we will come back
    12        actually to -- do we want to stay on scheduling or go on to
    13        the other matters, first of all?  I am quite keen to hear
    14        as much as I can hear about scheduling ---
    15
    16   MR. RAMPTON:  I have more to say about that.
    17
    18   MR. JUSTICE BELL:  -- and various matters in the distant future,
    19        apart from anything else.
    20
    MR. RAMPTON:  I will say more.  Mr. Morris wants to make an
    22        interjection so I will sit down.
    23
    24   MR. MORRIS:  First of all, we objected to the Plaintiffs
    25        formalising or going ahead with the three days with
    26        Mr. Beavers.  We said we thought it should be scheduled for
    27        five days.  This was only about two or three weeks ago when
    28        they raised it.  He has only been in court for half a day
    29        for a start -- and you can check that, the Plaintiffs can
    30        check that.
    31
    32        Secondly, the matters of accidents and environment/index.html">litter:  Litter,
    33        I think we questioned him about.  The accidents and the
    34        whole issue of employment was not finished with
    35        Mr. Beavers.  He has been portrayed as an employment
    36        witness and there may be quite substantial questioning on
    37        that.  The matter of publication and the action as a whole,
    38        he is in the same position as Mr. Preston, in that we are
    39        entitled to question him about a number of matters.  We
    40        cannot guarantee that that would all be completed in three
         days with any re-examination as well.
    42
    43   MR. JUSTICE BELL:  Can I just say this?  I am not necessarily
    44        saying it in relation to Mr. Beavers.  I do not know
    45        whether you have actually read the Lord Chief Justice's
    46        practice direction which came out about two or three weeks
    47        ago which refers to judges' powers to set time limits?  So,
    48        it is not just a question of what you can guarantee; it is
    49        a question of what I will allow.
    50 
    51        I have made it only too clear that I am extremely reluctant 
    52        to put time limits on you.  I would prefer, if I do think 
    53        that longer has been taken than is necessary, to persuade
    54        you what you can reasonably benefit from asking and what
    55        you cannot, but there is that aspect as well.  I do not
    56        want to make too much of it because I hope it never comes
    57        to it.
    58
    59   MR. MORRIS:  Right.  We had applied before Christmas or
    60        immediately afterwards for a substantial break.