Day 109 - 28 Mar 95 - Page 33

     
     1        specifically like to ask that, since Mr. Nicholson is
     2        frequently in court, whether the Plaintiffs would consider
     3        just doing employment now and bringing him back for
     4        publication at the time when the rest of the witnesses will
     5        be called on that issue, which will save us -- it will save
     6        us having to read everything twice, for starters.
     7
     8   MR. JUSTICE BELL:  There are two ways you can do it; I am sure
     9        Mr. Rampton will consider that if he has not done so
    10        already.  What I would comment on is this:  I would very
    11        much like to start Mr. Nicholson at 2.00 p.m. on the
    12        Wednesday, I think it is.  If you find at any stage that
    13        you are embarrassed, I want you to tell me.  I want you to
    14        be able to give me reasons as well so that I can understand
    15        why that has happened.
    16
    17        If you manage to get yourself in a position to
    18        cross-examine Mr. Nicholson about employment, but are not
    19        ready to cross-examine him about publication, then I will
    20        consider anything you say to me, whatever course
         Mr. Rampton is taken about his evidence-in-chief, I will
    22        consider any suggestion you make that you would like
    23        Mr. Nicholson to come back later to be cross-examined about
    24        that.
    25
    26        I am not encouraging you to do that -- I would like you to
    27        be ready if you possibly can -- but it is another possible
    28        approach.  If Mr. Beavers is coming back across the
    29        Atlantic, i think it is only fair to him, however
    30        contentious these proceedings may be, to get him in on his
    31        new proposed date and deal with him.
    32
    33        I am not unsympathetic to the strains you are under and the
    34        enormous workload imposed by this case, but I have to
    35        balance that against the public interest in getting on with
    36        the case, not so that it destroys your health or puts you
    37        under an intolerable strain, but seeking a balance between
    38        all the factors.
    39
    40        If you want to say anything to me about that later on over
         the next week-and-a-half, certainly do so, but I feel
    42        pretty firm in that we should take that approach at the
    43        moment.
    44
    45        Let us adjourn now and resume at 10.30 in the morning.
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    49             (The court adjourned until the following day)
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