Day 141 - 23 Jun 95 - Page 02

     1                                           Friday, 23rd June, 1995
     3   MR. JUSTICE BELL:  The first thing to say is my problem seems to
     4        have resolved itself, so I am completely available on
     5        Monday.  What is the situation from your point of view,
     6        Mr. Morris?
     8   MR. MORRIS:  Thank you for adjourning this morning.  The
     9        situation is resolved.
    11   MR. JUSTICE BELL:  So he has a new plaster on?
    13   MR. MORRIS:  They have remoulded it, so there is no problem now.
    15   MR. JUSTICE BELL:  What about Monday then?  Is there any reason
    16        why we cannot take Monday as a normal day?
    18   MR. RAMPTON:  My Lord, I do believe we really should -- we lost
    19        this morning -- because of Mr. Stein, amongst other things.
    21   MR. MORRIS:  We did arrange some things because of the spare
    22        day, but we can cancel those.
    24   MR. JUSTICE BELL:  I think you should.  I know we were bandying
    25        around, in another context, promissory estoppel earlier in
    26        the week.  If someone had taken on an obligation which
    27        could not have been broken in the expectation that Monday
    28        would be free, that would be one thing, but I think it
    29        would have to be something -- anyway, it does not apply.
    30        We will carry on this afternoon.
    32        I have a number of reasons why I would like to rise at
    33        about 4 o'clock, but we will resume at 10.30 on Monday
    34        morning.  What is your best estimate for the remainder of
    35        your joint cross-examination of Mr. Stein?
    37   MR. MORRIS:  With these three or four days, we are certainly
    38        committed to finishing by the end of next week.
    40   MR. JUSTICE BELL:  Do your very best to press along.
    42   MR. RAMPTON:  I would only add, though, that if there should
    43        appear a window, however small, for the disposal of some of
    44        the interlocutory matters which are outstanding which your
    45        Lordship would wish to deal with towards the end of next
    46        week, supposing Mr. Stein finished Wednesday or Thursday,
    47        I would appreciate hearing from the Defendants what
    48        matters -----
    50   MR. JUSTICE BELL:  What I suggest is, you press on with your 
    51        cross-examination now, and if someone reminds me some time 
    52        in the middle of Monday afternoon, we will take 10 minutes 
    53        to see then how we are getting along.
    55   MR. MORRIS:  Just one other preliminary:  you wanted the
    56        statement of Ian Whittle; we have a copy and we can hand it
    57        up.
    59   MR. JUSTICE BELL:  If that can be handed up, and I will put it
    60        away in due course.

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