Day 097 - 06 Mar 95 - Page 06


     
     1   MR. JUSTICE BELL:  So there we are.  Let us see where we go.
     2
     3   MR. RAMPTON:  My Lord, with that in mind, I have no idea what
     4        your Lordship might be thinking of doing.  I obviously have
     5        a duty to attend, not only to the expeditious hearing of
     6        the case so far as possible, but also to the alignment and
     7        scheduling of my witnesses.
     8
     9        I have now a solid bank of witnesses starting at 2 o'clock
    10        today which takes us through until the end of next week,
    11        the 17th.  Thereafter, it is easy to see that the matter
    12        becomes a good deal more fluid.  The only fixture, if I can
    13        call it that, I have presently got is Mr. Beavers on 10th
    14        April for the three days before Easter.  So far as the
    15        Defendants' witnesses -----
    16
    17   MR. JUSTICE BELL:  What is position with regards to
    18        Mr. Beavers?
    19
    20   MR. RAMPTON:  He has been notified and has arranged that he
    21        should come back at that time.
    22
    23   MR. JUSTICE BELL:  I have steadfastly refused to give any kind
    24        of indication as to whether there is any possibility of not
    25        sitting that week, but it was a period of three days,
    26        I think, which appeared on Mr. Morris' letter of request
    27        for his own personal reasons, was it not?
    28
    29   MR. RAMPTON:  Yes, it was.  The reason I have only given him
    30        three days is partly because he has covered quite a lot of
    31        ground already, but principally because when he was last
    32        here Mr. Morris said there were three things only that he
    33        wanted to continue to cross-examine him, or the Defendants,
    34        one of which has been dealt with.  The one which has been
    35        dealt with was the US accident statistics.  Whether any
    36        cross-examination arises out of those statistics, I do not
    37        know; it might be fairly shortly, I would have thought, it
    38        might be.  The other two, one was environment/index.html">litter -----
    39
    40   MR. JUSTICE BELL:  Sorry?
    41
    42   MR. RAMPTON:  Litter, my Lord, in the United States with which
    43        to some extent, at least, Mr. Beavers has already dealt.
    44        The third was what Mr. Morris calls the whole subject of
    45        publication, by which I think he meant the Corporation's
    46        reasons for bringing this action.  There has been some
    47        evidence about that already.  I remember your Lordship
    48        saying at the time, rather to my consternation, that your
    49        Lordship was not necessarily very interested in that.
    50 
    51   MR. JUSTICE BELL:  The reason I said that was that if a party 
    52        chooses to bring an action, there we are; I will just get 
    53        on and try it.
    54
    55   MR. RAMPTON:  Yes, My Lord, it may have been my fault -- one
    56        gets a cast of mind over a long bit of time if one
    57        specialises in any branch of the law.  Of course, in the
    58        ordinary case where the Plaintiff is a human being and
    59        there is an issue of damages, the reasons for bringing
    60        action tend to be rather central to that issue.  But, of

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