Day 043 - 01 Nov 94 - Page 03
1 MR. JUSTICE BELL: He was not due to start tomorrow. He might
2 well have started to today if you had finished
3 cross-examining Mr. Hawkes.
5 MR. MORRIS: Yes, if we finish. So that is the subject of the
6 documents. As far as -- the Plaintiffs, themselves, served
7 documents on us on Friday and, in fact, yesterday morning
8 in court they gave us a document.
10 MR. JUSTICE BELL: Because of that, if you made the same request
11 which Mr. Rampton had made in respect of one of your
12 witnesses, I would give it the same consideration as
13 I will give Mr. Rampton's request.
15 MR. MORRIS: All I am saying is that if that becomes the kind of
16 norm, then it is going to be virtually impossible for any
17 witness to be properly cross-examined by either side
18 because, you know, there is going to be: "Oh, we cannot
19 cross-examine Mr. Green today because we only got our
20 document yesterday and we have not had time to look into
21 the implications of it."
23 MR. JUSTICE BELL: It depends on the document. Some of the
24 documents we have had, for instance, have been a particular
25 medical or scientific paper which may or may not require
26 detailed, lengthy consideration. Some of the sheets -- for
27 instance, the sheet which shows a percentage of turnover
28 spent on marketing or advertising or promotion -- may not
29 need very much immediate consideration. It can be picked
30 up as time goes on.
32 I am not sure at the moment what the basis for the figures
33 is, how they are obtained or how reliable they are, but
34 that sort of thing can be left over to see if there is any
35 further evidence in relation to it.
37 If the documents are rather more substantial and one side
38 or the other -- and it does not matter whether it is
39 Mr. Rampton or you, or Ms. Steel -- says: "No, we feel
40 that since these have been disclosed much later than they
41 should have been, for whatever reason, we should have the
42 opportunity to give them something approaching the
43 consideration we would have been able to give them if they
44 had been disclosed months ago", then I have to fairly
45 consider that request. It does not matter whether it is
46 made by Mr. Rampton or by you. If, in the past, because
47 you are unacquainted or less acquainted with the normal
48 rules of procedure, you have not made that request, then
49 there we are. Remember in the future, if Mr. Rampton
50 produces something.
52 Why do you need to go on for 35 minutes now, rather than
53 Mr. Hawkes coming back tomorrow or whenever?
55 MS. STEEL: If he comes back tomorrow, that is all right, but
56 we wanted to continue with some cross-examination before we
57 got on to cross-examining Mr. Green.
59 MR. JUSTICE BELL: What I think you should do is -- do you know
60 how long Mr. Green is likely to be in chief?