Day 178 - 27 Oct 95 - Page 06
1
2 (Short adjournment)
3
4 (In chambers)
5
6 MR. MORRIS: Yes. Helen does not really feel able to continue
7 today. It is a combination of stress and being up very
8 late reading the transcripts, trying to catch up with her
9 notes, and having to change the order of her submissions.
10 So what we would like to do is adjourn the argument until
11 another day, if that is acceptable, to maybe one of the
12 days we have spare from the vacating of Logan, because we
13 are pretty jam packed until then. But we are in your
14 hands really.
15
16 MR. JUSTICE BELL: Yes. Mr. Rampton, I will hear anything you
17 want to say about that.
18
19 MR. RAMPTON: I do not think so; there is nothing I want to
20 say.
21
22 MR. JUSTICE BELL: I will indicate straightaway I do not think
23 it would be right to continue if Ms. Steel is not feeling
24 well for any reason.
25
26 MR. MORRIS: Our preference would be for 10th which will give
27 us a spare date.
28
29 MR. JUSTICE BELL: Obviously, in principle, the sooner it is
30 done the better, but I do not think we have to make hard
31 and fast decisions today. I have another suggestion to
32 make. We are on your employment witnesses; I am not
33 suggesting for a moment that the employment part of the
34 case is not a matter of real interest to Ms. Steel, but it
35 is clear that you are doing a lot of the driving so far as
36 that is concerned. Also, we are on your witnesses and
37 they are your joint witnesses, and only one of you can
38 call the witness and, really, the person who calls the
39 witness ought to be the person who re-examines.
40
41 If she wishes to be here positively, then so be it, but
42 I really wonder whether Ms. Steel needs to attend court at
43 least in the first three days of next week when you are
44 likely to be calling Mr. Gibney and Mr. Pearson. You do
45 not have to make a decision today. What you are going to
46 be doing is taking Mr. Gibney through his
47 evidence-in-chief. I think you are the person who has
48 spoken to him recently on the phone, or however it has
49 been. You are then going to call Mr. Pearson. Again,
50 I guess you are the person who has spoken to Mr. Pearson
51 and you are the person who has got particular union
52 experience as well.
53
54 All I am wondering, there need be no decision today, is
55 whether it would not be in everyone's best interest, but
56 Ms. Steel's, in particular, if she had a bit of a break
57 while we carry on with those witnesses. If she wants to
58 spend some of that time at home thinking more about what
59 she will say on meaning so far as nutrition is concerned,
60 that is entirely a matter for her.
