Day 154 - 13 Jul 95 - Page 04
1 MR. JUSTICE BELL: I think you can do it perfectly well
2 yourself. I will hear an application in relation to
3 transcripts next Tuesday with the rest.
4
5 MR. MORRIS: I do not think that is -- in the light of the
6 nature of our application, the most appropriate time, it
7 seems to us, is to have it from the moment that we first
8 become disadvantaged. You may think we will not be
9 disadvantaged, and the whole weight of our application is
10 about that, with legal authorities to back that up.
11 Tomorrow, as far as we can see, is the appropriate day, as
12 from tomorrow we believe the case becomes so unfair as to
13 be -----
14
15 MR. JUSTICE BELL: I am afraid I am against you on that. It is
16 not a question of cutting short your argument. It is just
17 that I have had so much experience of litigation and taking
18 a note that I just cannot accept that.
19
20 Just listen to me for a moment, because I do not want to
21 take a step against the wishes of the parties. I know we
22 have a rail strike tomorrow. We live in the real world, as
23 well as this court in the West Wing building. What I want
24 to do is ensure that we finish Mr. Davis today. We can
25 then take stock at the end of the day of what we do
26 tomorrow. If Mr. Rampton is content that we deal with your
27 application tomorrow, I will reconsider what I have just
28 said.
29
30 Apart from anything else, if you want to repeat the
31 application you made in relation to discovery, as well as
32 apply for any order in relation to transcripts, you can
33 only sensibly do that when we have had a day or two anyway
34 of transcripted evidence, so that you can actually say
35 there is this, that or the other in the transcript of which
36 you would wish discovery.
37
38 What I propose to do -----
39
40 MS. STEEL: Can I just say something?
41
42 MR. JUSTICE BELL: Yes.
43
44 MS. STEEL: With regards to Mr. Davis, the only reason I gave
45 the proviso as long he does not bring anything unexpected
46 up was that we do expect to finish today but, on the first
47 day of his evidence, he brought up this business about the
48 reason why McDonald's Freedom Fighters was set up was
49 because of the skinheads. Now, that was entirely
50 unexpected. That is the only proviso we have; otherwise,
51 we do guarantee to be finished today.
52
53 MR. JUSTICE BELL: How much time do you want as from now?
54
55 MS. STEEL: If we could have until half past 11?
56
57 MR. JUSTICE BELL: You can have till half past 11. At the
58 moment, I will not make a final decision on when the
59 application is; I will take stock again at the end of the
60 day. But at the moment I cannot see any reason why any
