Day 154 - 13 Jul 95 - Page 05

     
     1        application in relation to transcripts must be decided in
     2        fairness to you rather than argued and then decided next
     3        Tuesday.  You just have to accept that, whatever view you
     4        hold, I am in charge of the conduct of the trial
     5        ultimately.  Now go away -- I am sorry, Mr. Rampton, I have
     6        not even given you an opportunity to say anything.
     7
     8   MR. RAMPTON:  I cannot tell your Lordship what my position is
     9        about a hearing tomorrow or next Tuesday until I have seen
    10        the Defendants' list of authorities and the grounds on
    11        which they rely and the precise nature of their
    12        application.  It may be that I shall say that I cannot be
    13        ready by tomorrow, as I have to sit in court while the
    14        witnesses are here, though of course I am quite prepared to
    15        work all night long if I have to.  That is number one.
    16
    17        Perhaps more important than that is this:  Mr. Davis, in
    18        fact, lives in the Midlands, and tomorrow there is a train
    19        strike.
    20
    MR. JUSTICE BELL:  Yes.  Unless there is anything further we
    22        must discuss, I will break off now.  I will come back at 25
    23        to 12, unless I receive a message that you can start before
    24        then.  We will go through till 1 o'clock without a break,
    25        finish Mr. Davis this afternoon and take stock at the close
    26        of play this afternoon.
    27
    28                          (Short Adjournment)
    29
    30   MR. JUSTICE BELL:  I hope that my ruling on the various
    31        interlocutory matters we had argument about last week will
    32        have been word processed before the end of the afternoon.
    33        It seems to me, in all the circumstances, it is better that
    34        I do have it word processed, so that I can hand down copies
    35        of it.  Whether I have an opportunity actually to give the
    36        ruling at the end of the afternoon or if all the parties
    37        are content to hand it down and summarise the conclusions,
    38        we will have to take stock of as the day proceeds.
    39
    40        Your main objective is to finish cross-examining
         Mr. Davis.  If there is enough time to give the ruling, and
    42        it has been word processed, checked and copied, we may have
    43        time for that.
    44
    45   MR. MORRIS:  There are a couple of things I wanted to say before
    46        our cross-examination recommences.  First of all, we have
    47        handed a list of authorities which we may rely on when we
    48        do our application for transcripts to the Plaintiffs.  We
    49        do not know if it would be appropriate to -----
    50 
    51   MR. JUSTICE BELL:  Let us get on with Mr. Davis.  I have said we 
    52        can come back to it at the end of the afternoon, in any 
    53        event.  In the meantime, Mr. Rampton may be able to form a
    54        view as to whether he will be ready tomorrow, in any event,
    55        quite apart from any considerations.
    56
    57                           MR. MARK DAVIS recalled
    58                  Cross-Examined by the Defendants, continued
    59
    60   MS. STEEL:  Mr. Davis, do you remember a time when the crew room