Day 109 - 28 Mar 95 - Page 29

     
     1        Miss Wallace tomorrow morning at 10.30.  We have had a
     2        short day today which does not matter one bit because it
     3        gives further time for cross-examination.  One, in fact, is
     4        scheduled tomorrow, because it is not thought we will go
     5        past half a day.  Again, since Miss Hovi is the next
     6        witness, that is probably no bad thing.
     7
     8        We may have time at the end of next week, if there are
     9        matters which any party wishes to deal with, interlocutory
    10        matters, or thinks are pressing to deal with before the
    11        very end of next week, I would like a list of them, so
    12        I can give some thought to whether time must be made to
    13        deal with them and, if so, when and how.
    14
    15        I would like to discuss at some stage the timetable for the
    16        first part of next term.  My strong inclination at the
    17        moment is to start, I cannot remember whether it is, I
    18        think it is 2.00 p.m. on the Wednesday now.  That is not to
    19        extend the Easter vacation on the basis that we are have
    20        some time at the end of this term anyway which can be
         devoted to preparation, if so chosen.
    22
    23        What I do think is that if Mr. Nicholson is the first
    24        witness to be called next term, and if it is thought that
    25        he might take up to two days anyway, I will not call on you
    26        to start cross-examination him until the beginning of the
    27        next week.
    28
    29   MR. RAMPTON:  My Lord, I was going to suggest that anyway.  The
    30        estimates I have given are naturally maximums.
    31
    32   MR. JUSTICE BELL:   What I am saying is, even suppose he took a
    33        day and a half for something like that, then we would have
    34        the Friday for preparation.
    35
    36   MR. RAMPTON:  I was going to suggest that.  That allows for five
    37        days for cross-examination which should ought to be plenty
    38        of time.  Anyway, even if he does not finish, he is often
    39        here and he can be fitted in at any time.  I will not
    40        explain why we have done it the way we have done it. It
         largely or actually wholly has depended upon the
    42        availability of the witnesses.
    43
    44   MR. JUSTICE BELL:  Yes.
    45
    46   MR. MORRIS:  Without giving our full case, because we have not
    47        discussed it in detail, we are extremely unhappy with the
    48         -- it is not "naturally", Mr. Rampton -- it is
    49        specifically extremely unhappy with the start of what is,
    50        effectively, the largest issue in the case starting so 
    51        quickly after the Easter break.  We believe that we will 
    52        not have time to prepare, if Mr. Nicholson is going to be 
    53        first, in the time that is allotted and have an effective
    54        break.  That is the first thing.
    55
    56        Secondly, it is not just employment.  Also, Mr. Nicholson
    57        deals with publication which is, therefore, two completely
    58        new subjects.  Certainly, it would ameliorate matters if
    59        that issue was left for a later date.  Mr. Nicholson could
    60        return on that.