Day 194 - 01 Dec 95 - Page 26


     
     1
     2   MS. STEEL:  But we have no time to go and see him, so any
     3        instructions that we are going to take from him, if he has
     4        to be called on Wednesday, will be on Wednesday morning.
     5        I know we quite frequently do ask for an extra quarter of
     6        an hour first thing in the morning, but actually it is not
     7        particularly satisfactory for us; we would prefer to ask
     8        people for more information in advance.
     9
    10   MR. JUSTICE BELL:  Very well.  You have to try to take a broad
    11        view of the case rather than get too taken by a particular
    12        problem as it comes along.  We are all doing our best,
    13        I hope, in not easy circumstances to get through a large
    14        case where these difficulties are going to crop up.
    15        Whether, when one comes to the end of it, one even
    16        remembers the difficulty, let alone is embarrassed by it,
    17        is another matter.
    18
    19   MR. RAMPTON:  My Lord -----
    20
    21   MR. MORRIS:  We have got a suggested compromise here.
    22
    23   MR. JUSTICE BELL:  Can I say what is in my mind so far as the
    24        documents are concerned, because they were rather a
    25        different consideration?
    26
    27   MR. RAMPTON:  I was going to make a suggestion about that which
    28        is that if Mr. Morris gives Mrs. Brinley-Codd Mr. Coton's
    29        address with an undertaking from her that she will not tell
    30        McDonald's -- no doubt the Defendants will say that that
    31        would have a sinister connotation if McDonald's knew of his
    32        address -- she would have the documents couriered to
    33        Mr. Coton this afternoon.
    34
    35   MR. JUSTICE BELL:  Consider that; the alternative is to put them
    36        in the post this afternoon.
    37
    38   MR. MORRIS:  I have sent them in the post.
    39
    40   MR. JUSTICE BELL:  Right.  What I have in mind is this, that if,
    41        as I am minded to do at the moment, I say we must go ahead
    42        with Mr. Coton next week, I am prepared to say that we will
    43        not start him before 2 p.m. on Wednesday, and that whenever
    44        we do start him I will give you half a day between the end
    45        of Mr. Alimi and the beginning of Mr. Coton, if you tell me
    46        you still need it, for you can consult with him.  If we can
    47        finish Mr. Alimi in the course of Monday and Tuesday,
    48        Mr. Coton will have had the documents for two or three
    49        days.  What we ought to be aiming at is you have Wednesday
    50        morning from about 10.30 until 2 p.m. allowing for a break 
    51        for some lunch to talk over the matter with him. 
    52 
    53   MR. MORRIS:  Can the Plaintiffs, if they intend to call further
    54        witnesses, be ordered to serve their statements in plenty
    55        of time before Mr. Coton is called?  They can (as we have
    56        been asked to do) get down all the basis.  If they cannot
    57        get a full statement, they can (as we have done on many
    58        occasions) get down the basic details on the phone, it does
    59        not have to be signed, so that we know what they are going
    60        to say and that, therefore, we can get instructions from

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