Day 009 - 08 Jul 94 - Page 03

     1        the answers which might have been extracted -- sorry, if
              I get the case which might have been put in
     2        cross-examination without warning, as it were, from both
              their witnesses ----
         MR. JUSTICE BELL:  Then you might have to consider whether at
     4        some stage in the future you wanted to apply to recall a
         MR. RAMPTON:  Precisely, but I make no complaint about it.
         MR. JUSTICE BELL:  That would be a two way thing.  You would
     7        want to ask the witness further questions and the
              defendants, who by then would have heard all their own
     8        witnesses' evidence, could cross-examine further, if they
              wanted to.
         MR. RAMPTON:  My Lord, yes, exactly.  I do not know whether
    10        that scheme appeals to your Lordship?  It seems to us to
              meet all concerned.
         MR. MORRIS:  We can see problems with it, but maybe it would be
    12        better to deal with it after lunch or at the end of
              the -----
         MR. JUSTICE BELL:  Let us get on with Mr. Langert.
         MR. RAMPTON:  One of our concerns, as your Lordship knows, is
    15        the times when our expert witnesses can give evidence;
              they have been shifted on numerous occasions; if they are
    16        to be shifted again I must know today.
    17   MR. JUSTICE BELL:  Mr. Morris, what is the problem, in
              essence?  I can see many ways -- quite frankly, if I was a
    18        member of the Bar concerned about whether I was going to
              get up to speed with this kind of technical evidence
    19        representing you, I would positively welcome it, because
              it would mean I could do any cross-examination I had
    20        managed to get ready for with those witnesses.  I would
              have heard all they had said.  I would be doing perhaps
    21        some essential cross-examination.  I would later be
              calling my witnesses, then I would, in effect, have been
    22        offered the opportunity to cross-examine them a little
              further later, having heard everything that my witnesses
    23        said in answer to their points.
    24   MISS STEEL:  Are you saying that we can recall their witnesses,
              if we want to?
         MR. JUSTICE BELL:  No.  What I am saying is that if, when you 
    26        have called your witnesses, there are matters which they 
              have said in support of your case which you have not put 
    27        to McDonald's nutrition witnesses so they have not had an
              opportunity to give their reply to them, then that is
    28        really putting Mr. Rampton in the position of having to
              recall his witnesses when you will have the opportunity to
    29        cross-examine as well.  That is the first thing.
    30        The second thing is this:  If, at the end of the day, even
              if Mr. Rampton -- I am sure he has anticipated this -- did

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