Day 217 - 09 02 96 - Page 39

 
 

                                                                  DAY 217
 
 
 
 
 
     1        the documentation ready for it, you are still going to have
     2        a greater break than you expected before Mr. Cesca.
     3        I think all the parties should consider whether it would be
     4        sensible to come back for a day before the day when
     5        Mr. Cesca is due to give his evidence, to hear argument
     6        about these matters.  But let us not hold things up now.
     7
     8   MR. RAMPTON:  I am sorry.  I promise if I am even given maybe
     9        five minutes extra, I will finish Mrs. Hovi this afternoon.
    10        Can I suggest that the Monday of the week when Mr. Cesca is
    11        due to give evidence as a possible day for argument, simply
    12        because Mr. Cesca is arriving on that day, and I do not
    13        expect he will feel inclined to do a lot of work on that
    14        day.  I would like to spend Tuesday and Wednesday of that
    15        week working with him, and the Monday would give time for
    16        argument and for your Lordship to make appropriate rulings
    17        either on the Tuesday or the Wednesday or, indeed, the
    18        Thursday morning.
    19
    20   MR. MORRIS:  Can I say that, for a start, I would like it to be
    21        considered that that day be next Tuesday, partly because it
    22        is my half term in the week of Mr. Cesca -- sorry, my son's
    23        half term.
    24
    25   MR. JUSTICE BELL:  Do you mean Tuesday the 13th?
    26
    27   MR. MORRIS:  Yes -- because, obviously, to make an application
    28        for discovery we want, if ordered to do that, then the
    29        Plaintiffs need time some time to get it earlier, they
    30        start getting the document -----
    31
    32   MR. JUSTICE BELL:  Why have you picked the Tuesday?
    33
    34   MR. MORRIS:  Just that it would be good if it was one day next
    35        week, of the three days; and I think, arbitrarily, Helen
    36        says that Tuesday is the best -----
    37
    38   MR. JUSTICE BELL:  It would help if Mr. Rampton has had time to
    39        prepare his written argument and you have had a bit of time
    40        to look at it.  I would have thought, quite frankly, if it
    41        is not going to be the Monday of the week after for the
    42        reason you have given, it would be better to have it on
    43        something like the Friday of next week.
    44
    45   MR. MORRIS:  I have a dental appointment on that Friday.
    46
    47   MR. JUSTICE BELL:  Can we make it the Thursday?
    48
    49   MR. RAMPTON:  I do not mind.
    50 
    51   MR. JUSTICE BELL:  Ultimately, I just have to say when it is, 
    52        but I would like to please everyone if I can.  Can we say 
    53        Thursday of next week?  Just make a check.
    54
    55   MR. RAMPTON:  Certainly, my Lord, if it were Tuesday, the
    56        Defendants and your Lordship would not have anything in
    57        writing about that.  I would also expect, if they are going
    58        to make an application for specific discovery, to have
    59        written notice of it, including the categories of the
    60        documents that they want.
 
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