Day 216 - 06 02 96 - Page 25

 
 

                                                                  DAY 216
 
 
 
 
 
     1        Bs?  What I will ask you to do, if you provide a list, is
     2        just ask you to give some indication of what the situation
     3        is at present ---
     4
     5   MR. MORRIS:  Yes, OK.
     6
     7   MR. JUSTICE BELL:  -- whether they are firm As; or tell me what
     8        the state of play is if they are not.
     9
    10        What about Mr. Rampton's application with regard to
    11        Mr. Preston?  It is merely to be able to consult
    12        Mr. Preston about .....
    13
    14   MS. STEEL:   We are not going to make a strong objection to
    15        that.  It is just something that Mr. Rampton said about,
    16        that he was the only person who could deal with it.  It is
    17        the case that Mike Love has his name on virtually all the
    18        Press releases and leaflets, so he could actually deal with
    19        it.  But we are not going to make a -----
    20
    21   MR. JUSTICE BELL:  I think Mr. Rampton should have leave to
    22        speak to Mr. Preston on that aspect.  In fact, I had
    23        assumed, although I was not expressly asked to give any
    24        indication on it, that Mr. Rampton has felt free to take
    25        instructions from Mr. Preston generally, as the Chief
    26        Executive of the Second Plaintiff, about the conduct of the
    27        case, in so far as they do not relate to the evidence which
    28        he has actually given.  But there we are.
    29
    30   MR. RAMPTON:  That is right.  Both Mrs. Brinley-Codd and I have
    31        done that to a very limited extent.  In fact, we have not
    32        spoken to him about the evidence which he has given; nor
    33        will we do so when we speak to him about the allegation of
    34        malice that is made against his company.
    35
    36   MR. JUSTICE BELL:  Is there anything you want to say about
    37        Mr. Bone or Mrs. Hovi?  Do you understand what the
    38        situation is?
    39
    40   MR. MORRIS:  Yes.
    41
    42   MR. JUSTICE BELL:  You have been told in terms that Mr. Bone
    43        will not be called into the witness box.  The only question
    44        (which awaits medical evidence) is whether his Civil
    45        Evidence Act notice will be served in respect of his
    46        statement and whether it can then be admitted because there
    47        is proper ground for admitting it.
    48
    49   MR. MORRIS:  Yes.
    50 
    51   MR. JUSTICE BELL:  What you do not have to do is consider any 
    52        question of cross-examining Mr. Bone either this week or at 
    53        any other stage.
    54
    55   MR. MORRIS:  And no alternative, because the Plaintiffs -----
    56
    57   MR. JUSTICE BELL:  And no alternative.  I will add that.  You
    58        said that you were not going to put forward any
    59        alternative, Mr. Rampton, did you not?
    60
 
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