Day 151 - 10 Jul 95 - Page 02

     
     1                                           Monday, 10th July, 1995
     2
     3                 FRANCIS ANTHONY JOHN STANTON, recalled
     4             Cross-examination by the Defendants, continued
     5
     6   MR. MORRIS:  The first thing I want to do is serve a
     7        supplementary statement from Michael Logan, who is one of
     8        our witnesses. (Handed)
     9
    10   MR. JUSTICE BELL:  Unless I hear anything to the contrary,
    11        I will put that in the appropriate place in pale blue II,
    12        behind his statement.
    13
    14   MR. MORRIS:  Yes.  The other thing is that, on Friday, we are
    15        going to be making a submission regarding the transcripts,
    16        and Monday has been set aside a day or a day and a half for
    17        legal submissions to do with amendments, mainly to do with
    18        amendments, and the nutrition issue.  We are not sure that
    19        we are going to have enough time to prepare our skeleton
    20        argument by Monday.  So we are asking that we can have the
    21        legal day and a half starting on Tuesday, to give us that
    22        extra time.
    23
    24   MR. JUSTICE BELL:  I have no objection to that.  If I may say
    25        so, I think you should concentrate on your application for
    26        leave to amend, because it is important that that is
    27        decided.  I will listen to what you have to say about
    28        nutrition.  I may put you on terms to time about what you
    29        have to say about nutrition, certainly if you want the
    30        argument this term; and I will obviously read any skeleton
    31        argument.  But I do not want to give you any encouragement
    32        about striking out anything in the case at this stage,
    33        particularly when we have heard quite a lot of evidence
    34        about it, because I do not think I am prejudging the matter
    35        if I say that, whatever the topic is, I am resistant about
    36        that.  There is a lot to be said about all the relevant
    37        evidence and making a final decision on it as part of my
    38        final judgment.
    39
    40   MR. MORRIS:  I appreciate that.
    41
    42   MR. JUSTICE BELL:  I say that about the nutrition aspect.  So if
    43        you are short of time, what I suggest you concentrate on is
    44        getting ready on the amendment.
    45
    46   MR. MORRIS:  I think an extra period would help with that, in
    47        any event.
    48
    49   MR. JUSTICE BELL:  My objective, as I said before, is to be able
    50        to give a ruling on any applications you make next week at 
    51        the beginning of the week after; that is, before we go away 
    52        for the vacation.  So, subject to having time for that, 
    53        whether it is Monday or Tuesday makes no difference to me.
    54        In any event, we will have to see what the position is with
    55        the witness who is in the witness box, when he or she is
    56        likely to end, and so on.
    57
    58   MR. MORRIS:  Yes.
    59
    60   MR. JUSTICE BELL:  Right.