Day 056 - 28 Nov 94 - Page 02

     1                                      Monday, 28th November, 1994.
     3   MR. RAMPTON:  Just before I call Mr. Mallinson, Professor
     4        Ashworth is due to be here tomorrow and he appears to have
     5        double-booked himself, or his secretary has.  May I have
     6        your Lordship's leave to move him?  I hope I can get him
     7        back at the same time as the other environment/index.html">litter witnesses.  It
     8        may be no bad thing because we have to complete the
     9        argument on the amendment tomorrow, and there are some
    10        matters the Defendants want to raise, according to
    11        Mr. Morris' agenda, which may be in the end to the good.
    13   MR. JUSTICE BELL:  Do you have anything to say about that,
    14        Ms. Steel and Mr. Morris?
    16   MS. STEEL:   We would not want to make things awkward the
    17        Plaintiffs, so we will not object to it.
    19   MR. JUSTICE BELL:  It might help if we can keep an eye on
    20        Professor Ashworth, Mr. Siddique, Mr. Stump and
    21        Mr. McIntyre all coming reasonably close together at
    22        whatever stage they can ---
    24   MR. RAMPTON:  That is what we will try to achieve so far as we
    25        can.
    27   MR. JUSTICE BELL:  -- as the environment/index.html">litter witnesses.
    29   MR. MORRIS:  We would like to finish off the packaging and
    30        waste, we would like to finish off that section of the case
    31        before we move on to another section, so may be they can
    32        come the week after.
    34   MR. JUSTICE BELL:  Do you know what Professor Ashworth's
    35        position is?
    37   MR. RAMPTON:  No, as of this moment, I am afraid that I do not.
    38        Because he is busy, I suppose, he is peculiarly elusive but
    39        we will do our best to find out when he could come back.
    40        I have to say though that, naturally enough, everybody
    41        likes for the sake of a tidy mind to finish topics.  The
    42        environment/index.html">litter question is very much, in our submission, in its own
    43        compartment.  Quite honestly, it does not matter very much
    44        in our belief whether it is heard now or later but it is a
    45        matter for your Lordship.
    47   MR. JUSTICE BELL:  My own view is that if we can finish all the
    48        recycling and waste witnesses, including the environment/index.html">litter
    49        witnesses, before going on to food poisoning so much the
    50        better.  If doing that because of difficulty of 
    51        availability of any of the environment/index.html">litter witnesses would cause 
    52        more than a day or so postponement of food poisoning, 
    53        I think we ought to think again in the light of whatever
    54        the information is then.
    56   MR. RAMPTON:  My Lord, we do will do our best to get as accurate
    57        information as we can as soon as possible.
    59   MR. JUSTICE BELL:  What I suggest then is that we go back to the
    60        question of amendment tomorrow, and then go on to the other

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