Day 236 - 17 04 96 - Page 29
Day 236
1 re-reading stuff concerning Mr. Preston and that is a
2 totally honest answer. It was completely jam-packed and,
3 as far as I was concerned, I had laid my cards on the
4 table. I said I wanted to make that inspection during that
5 week, and that if it was brought forward, then I would need
6 time to do that. As far as I could see, you were saying
7 that you understood that, but that if we did not get our
8 schedule together, then it might be, you know, you had no
9 choice, but to ask Mr. Rampton to call his publication
10 witnesses.
11
12 We did get the schedule together. Okay, there was a 1-day
13 gap but that is not very much in the scale of things. As
14 far as we are concerned, if we are not in court, we will
15 not waste any of that time. Apart from anything else, you
16 have suggested that we contact our nutrition witness. So
17 we could use that time to do that.
18
19 The Plaintiffs sent us a list of all their documents that
20 they want to serve Civil Evidence Act notices on and they
21 want us to comment on whether or not we want to agree to
22 that. We can get on with that, or I could actually use
23 Thursday and Friday to go to the Plaintiffs' offices to
24 view the publication documents although, having said that,
25 they did send us a letter last night saying they do not
26 know where all of them are. I do not know if the situation
27 on that has changed or not.
28
29 The other matter which I mentioned to Mr. Glen yesterday,
30 which I had not intended to bring up until we had got
31 advice, and I do not know whether it would have a bearing
32 on this or not, but it might do. After we received your
33 draft judgment, or whatever it should be called, we did go
34 and see a barrister about grounds for an appeal. It was a
35 junior barrister that we saw, and the barrister and a
36 solicitor who, from time to time, have been helping us
37 throughout the case were both away and we are due to be
38 seeing them on Friday to discuss it.
39
40 MR. JUSTICE BELL: I would not hold up, whatever else one did, I
41 would not hold up publication witnesses pending any appeal,
42 at this stage. You just have to work on the basis that the
43 situation at the moment is that there has been an amendment
44 to both the further amendment to the Statement of Claim,
45 and an amendment to your Defence. You would have to deal
46 with the evidence on the basis that that is the situation.
47
48 MS. STEEL: Well, okay. I mean the main point is ----
49
50 MR. JUSTICE BELL: The same would apply if Mr. Rampton was
51 appealing against the leave to amend, which I have given
52 you. I would say exactly the same thing to him.
53
54 MS. STEEL: The main thing is, is there really any great gain
55 from going ahead? I understand that there is a desire to
56 press on, but I outlined the position about preparations at
57 the end of last term. The problems that we face if
58 Mr. Carroll goes ahead, to me, they far outweigh the very
59 little gain which would be made if he was called in terms
60 of we save a day in court, or a day of court, in court
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