Day 144 - 28 Jun 95 - Page 75


     
     1
     2   MR. MORRIS:  We are preparing a list.  I have a list; Helen has
     3        a list.
     4
     5   MR. JUSTICE BELL:  Look, I think you should prepare a list.
     6        I am not suggesting you are not doing your best, but if you
     7        cannot, for whatever reason, get out a list with the little
     8        summary I asked you to give and giving sufficient
     9        particulars of what you want to raise, the answer is that
    10        one will have to say, no, we cannot deal with the
    11        interlocutory matters yet, and we must continue with the
    12        evidence next week.
    13
    14        I do not want to do that because I would like to get to
    15        grips with the outstanding interlocutory matters.  So, do
    16        your very best to write out overnight (and, for my part, it
    17        does not matter if it is in longhand because you both write
    18        pretty legibly) what your heads are and if there are
    19        documents, list them; the amendments, for instance, I will
    20        assume they are the ones of which we have already had typed
    21        notice, but if there are any others, write those out
    22        expressly or, at least, what the topic is so it can be
    23        readily identified.
    24
    25        What I would really like you to do is to bring that into
    26        court with you in the morning.  If Ms. Steel, although
    27        tired at 20 past four, can make a fair fist of running
    28        through in headline what the topics are, between you
    29        I think you ought to be able to write out overnight the
    30        list that I have asked for.
    31
    32   MR. RAMPTON:  My Lord, I had not quite finished actually when
    33        Mr. Morris interrupted.  If the Defendants are going to
    34        take advice upon this bizarre idea that it now an
    35        appropriate time to strike out some part of the claim in
    36        relation to diet and ill-health, I would urge them, through
    37        your Lordship, to show to such legal adviser, if there be
    38        one, the amended Statement of Claim in this area of the
    39        case together with your Lordship's judgment giving leave
    40        for that amendment.  It may be, I know not, that the
    41        adviser would think it had some considerable bearing on the
    42        question.
    43
    44   MR. JUSTICE BELL:  I am not going to say any more unless it
    45        deters you from taking advice which you wish to take.  You
    46        must take advice from whoever you wish; I have urged you to
    47        from time to time on matters which I thought had a
    48        technical aspect in case you were at a disadvantage.
    49
    50        You must take your own advice and make whatever 
    51        applications you consider appropriate in the light of it. 
    52        But please come to court in time for 10.30 in the morning 
    53        with the list, otherwise there is a risk we will just go on
    54        with evidence next Monday rather than dealing with the
    55        applications and I do not think that would be in your best
    56        interests.
    57
    58             (The court adjourned until the following day)
    59
    60

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