Day 040 - 21 Oct 94 - Page 04

     
     1        Crawford any more questions.  It may help you as to just
     2        how much further you need to cross-examine Professor
     3        Crawford.
     4
     5   MR. RAMPTON:  My Lord, there is only this to be said:  It
     6        affects the timing of the argument about the amendment to
     7        the pleadings.  In the normal way, as your Lordship knows,
     8        a defendant who pleads justification must state the precise
     9        nature of the charge that he makes at the outset.  Now,
    10        both sides in the pleadings have used what I have called a
    11        weasel word which is "link".
    12
    13        If the Defendants are to be allowed the unusual indulgence
    14        of pleading their case on justification at the end of the
    15        evidence, then there is an advantage in having Professor
    16        Crawford's evidence finished before that happens.
    17
    18   MR. JUSTICE BELL:  I see all the practical advantages in
    19        considering the recall of Professor Crawford after we have
    20        had the argument on the proposed amendment, because I think
         the argument on the proposed amendment will throw up
    22        discussion on both sides as to what the Plaintiffs' case
    23        is, the Defendants' case is, and what the meanings of
    24        various words used are.  From sitting in my position,
    25        I think all parties will be in a better position then to
    26        see the extent to which they need to ask further questions
    27        of Professor Crawford.
    28
    29   MR. RAMPTON:  My Lord, certainly I am in your Lordship's hands
    30        so far as that is concerned.  If that be right, if that is
    31        your Lordship's decision, then plainly the sooner the
    32        argument is had the better.  It had occurred to us that
    33        next week being blank except for one day, a day next week
    34        might be the opportunity to have that argument, depending
    35        on Mr. Morris' domestic arrangements.
    36
    37   MS. STEEL:  I found Mr. Rampton's use of the word "indulgence"
    38        in the context he used it somewhat offensive when it is the
    39        Plaintiffs who want to change their case.
    40
    MR. JUSTICE BELL:  Do not worry about that.  I do not think it
    42        is an indulgence.  I think I would like to hear the
    43        argument in relation to possible amendment of the Statement
    44        of Claim before Professor Crawford comes back.
    45
    46   MS. STEEL:   I think that is probably a sensible course.
    47
    48   MR. JUSTICE BELL:  That is not just because I think both parties
    49        should know how the case is pleaded before he comes back;
    50        I think we will have probably some useful discussion on 
    51        what meaning both sides are attaching to a variety of 
    52        phrases which have cropped up in this case, "linked with", 
    53        "associated with", "caused" and so on.
    54
    55        It just seems to me it is far more sensible to recall
    56        Professor Crawford after those matters have been aired.
    57
    58        Quite frankly, if witnesses have been set up for
    59        advertising, I do not see why we should not press ahead
    60        with them starting next Friday.  I do not think we need