Day 082 - 01 Feb 95 - Page 04
1 argued than this before being willing to argue it. As to
2 the rest of it, I do not understand, for example, item (3).
3
4 MR. JUSTICE BELL: Shall I tell you what has occurred to me
5 because I have written on the bottom of mine as well
6 "BSE"?
7
8 MR. MORRIS: That is No. 3, in fact.
9
10 MR. JUSTICE BELL: No. 3, is it? I see, right. Thank you.
11 What had occurred to me as a possibility, did you say
12 yesterday that you were hoping to talk about the BSE point
13 with someone tomorrow, Thursday?
14
15 MS. STEEL: Yes.
16
17 MR. MORRIS: We tried to get advice last night but we could
18 not. So, we certainly would like to wait on that issue
19 until Friday and it, therefore, may be better to have a
20 legal day.
21
22 MR. JUSTICE BELL: Shall I tell you my suggestion? It might be
23 worth spending a little time now, without actually arguing
24 the case, elaborating on what you have in mind in relation
25 to this. We could then go away until Friday morning and
26 have the argument on the matters on Friday, including the
27 BSE.
28
29 MR. MORRIS: That is a good idea, I think.
30
31 MS. STEEL: I think that there were some things you were going
32 to say to us about some of these matters as well, were
33 there not?
34
35 MR. JUSTICE BELL: There was something I had in mind on
36 nutrition. There is also something I have in mind on
37 discovery generally. What do you say about that,
38 Mr. Rampton?
39
40 MR. RAMPTON: My Lord, I am not much concerned when the argument
41 is heard. I have said my first part. All I have to do is
42 reply so far as the BSE argument is concerned. It so
43 happens that for administrative reasons, neither
44 Mrs. Brinley-Codd nor I would find -- this is to do with
45 the case; it is not on personal grounds, so far as she is
46 concerned at least -- Friday particularly convenient. We
47 have not often asked for indulgence.
48
49 We have only one witness listed for next week which is
50 Mr. Atherton. It is my intention, so far as I am able, to
51 keep him fairly short in-chief, but it would be our
52 respectful, I would not say a submission, it would be a
53 request or an invitation to your Lordship, to say that
54 perhaps Monday morning would be a better time.
55
56 MR. JUSTICE BELL: Monday?
57
58 MR. RAMPTON: Monday morning would be a better time to have the
59 legal arguments. One reason for that is that I would
60 invite the Defendants to be rather more specific than they
