Day 243 - 02 May 96 - Page 36

     
     1   MR. MORRIS:  I think both parties should try to schedule their
     2        witnesses on the dates suggested and inform the other party
     3        as soon as possible, unless they are incapable of doing so
     4        for some reason.
     5
     6   MS. STEEL:   Can I say one thing that I have got a concern
     7        about, which is that you said from Monday, 20th May.  Now,
     8        basically, we are not really going to get time to go
     9        through everything thoroughly until the vacation.  So if
    10        that could not be from the 4th June -----
    11
    12   MR. JUSTICE BELL:  It is only this.  You need not concern
    13        yourself about that if Professor Naismith actually gives
    14        evidence on the 20th and 21st and, perhaps, 22nd May.  But
    15        I hope it does not come to this.  If you were to persuade
    16        me that he should not give evidence on those days for some
    17        good reason, and I am not suggesting that this will happen,
    18        then I am not just going to let three days go by.  I will
    19        say to Mr. Rampton, "You must call publication witnesses on
    20        those days instead".
    21
    22   MR. RAMPTON:  My Lord, what I am always able to do -- and I say
    23        this with the intention of being helpful so the Defendants
    24        can at least think about his evidence -- at the shortest
    25        notice is to call Mr. Nicholson ---
    26
    27   MR. JUSTICE BELL:  Yes.
    28
    29   MR. RAMPTON:  -- whenever there is a gap.
    30
    31   MS. STEEL:   There is another statement to come from him as
    32        well, so that needs to be served as soon as possible if he
    33        is likely to be coming at short notice.
    34
    35   MR. JUSTICE BELL:  Yes, I know.  Quite frankly, this is all
    36        argument about a problem which I hope just does not arise
    37        at all.  I am just making it clear to both sides that, from
    38        now on, where gaps appear I am quite likely to say, "Let us
    39        do some publication evidence to fill it up".
    40
         Anyway, that was helpful to get some extra people fitted
    42        into the schedule.  I will adjourn now and we will go on
    43        with Dr. North at 10.30 tomorrow.
    44
    45             (The Court adjourned until 10.30 the following day)
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