Day 233 - 26 03 96 - Page 32

 
 

                                                                  DAY 233
 
 
 
 
 
     1        I think that you might want to consider -- I do not know if
     2        you want to hear both applications at the same time, as our
     3        application to amend our defence covers similar ground.
     4        Maybe it would be better to deal with that, maybe, this
     5        Thursday or Friday, so the parties have time to consider.
     6        I mean, we can deal with that this week.  I certainly would
     7        not want to do it afternoon.
     8
     9   MR. RAMPTON:  My Lord, I think we should do it tomorrow.  I do
    10        not see why we should wait till Thursday.  It is only
    11        Tuesday today.
    12
    13   MR. JUSTICE BELL:  What have we got for the rest ---
    14
    15   MR. RAMPTON:  We have got nothing.
    16
    17   MR. JUSTICE BELL:  -- of the term?
    18
    19   MR. MORRIS:  We have three days this week.
    20
    21   MR. JUSTICE BELL:  Yes.  But what else have we got,
    22        Mr. Rampton?
    23
    24   MR. RAMPTON:  We have nothing, my Lord.  We have the Defendants'
    25        response to my application to reamend.  Whether I have the
    26        time to respond to their application to amend the defence
    27        -- or re-re-reamend the defence, I should say -- having
    28        only just received the documents, is perhaps beside the
    29        point.  They should certainly by now be in a position to
    30        respond to my application to reamend; and I would suggest
    31        that if we do not get to that this afternoon, we should do
    32        it first thing tomorrow morning.  Then there is nothing,
    33        apart from a discussion on scheduling, on which I will have
    34        something to say to your Lordship in due course, when it is
    35        convenient to your Lordship.  There is nothing left, so far
    36        as this court is concerned, before the end of term.
    37
    38   MR. JUSTICE BELL:  No.  That is why I ask what else there is;
    39        because if that is the situation, if I am asked by the
    40        Defendants, for instance, to hear the argument on
    41        publication on Thursday and Friday, why must I start it
    42        tomorrow if it is not going to make any difference to the
    43        rest of the schedule for the rest of term?
    44
    45   MR. RAMPTON:  Because, my Lord, normally speaking, one sits on
    46        consecutive days and one tries to arrange one's calendar
    47        accordingly.
    48
    49   MR. JUSTICE BELL:  One certainly cannot say one has done that in
    50        this case. 
    51 
    52   MR. RAMPTON:  I know that.  If the Defendants put forward a good 
    53        reason -- I know one reason why they do not want to sit
    54        tomorrow, because I have just been told about it; it has
    55        nothing to do with the proceedings in this court -- but if
    56        they say, "Well, we are not actually ready", or something
    57        like that, and satisfy your Lordship that that is right,
    58        then I can see there might be an argument for sitting on
    59        Thursday.
    60
 
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