Day 177 - 26 Oct 95 - Page 02

     
     1                                      Thursday, 26th October 1995
     2
     3   MS. STEEL:   I was going to say we are sorry we are late.
     4        We had printing problems.
     5
     6   MR. JUSTICE BELL:  Yes.  Before we start, Mr. Robert Glen, who
     7        sits next to me, will be my permanent clerk in place of
     8        Mr. Styles, and Mr. Dudley who has been helping me out over
     9        the last few weeks.
    10
    11        Mr. Glen knew of Mr. Nicholson in a previous career.  It
    12        does not affect the conduct of the case in any way, but it
    13        is only right that all the parties should know that.
    14
    15   MR. RAMPTON:  My Lord, before I start making submissions about
    16        this question of meaning, I would appreciate
    17        your Lordship's guidance.  Your Lordship will have been
    18        sent copies of the letters, I do not know that
    19        your Lordship will have read them.  There has arisen a
    20        fairly acute problem in relation to the proposed evidence
    21        of Mr. Simon Gibney who is presently scheduled to give
    22        evidence on Monday.
    23
    24   MR. JUSTICE BELL: Yes.
    25
    26   MR. RAMPTON:  Plainly, so far as we are concerned, that problem
    27        must be resolved in some way or another before Monday, and
    28        I will want to raise it with your Lordship at some stage.
    29        As I say, I am in your Lordship's hands about when I should
    30        mention it.  I mention it now just to give notice that
    31        I will have to come back to it today at some stage.
    32
    33   MR. JUSTICE BELL: Well -----
    34
    35   MR. MORRIS:  I was going to bring it up before we started,
    36        anyway.
    37
    38   MR. JUSTICE BELL:  Since you have mentioned it, let us deal with
    39        it now.
    40
    MR. RAMPTON:  My Lord, I will.
    42
    43   MR. JUSTICE BELL:  I have read Mr. Morris' two faxes and your
    44        instructing solicitors' two letters.
    45
    46   MR. RAMPTON:  My Lord, there are problems in relation to
    47        Mr. Pearson as well.  They are not so acute and one hopes
    48        that they will be dealt with in the way that we have
    49        asked.
    50 
    51        So far as Mr. Gibney is concerned, the problem is acute for 
    52        two reasons:  firstly, for lack of time.  Your Lordship did 
    53        say the other day that five working days should be the
    54        absolute minimum for advance notice of additional
    55        evidence.  Since Mr. Morris' fax did not arrive in our
    56        solicitors' office until yesterday morning, the position is
    57        that we have received notification of some wholly
    58        unparticularised additional allegations less than three
    59        working days before Mr. Gibney is due to give evidence.
    60