Day 166 - 28 Sep 95 - Page 11


     
     1        to give evidence.  Some of them we may be able to meet the
     2        night before.  So I just think that should be borne in
     3        mind, that when the evidence comes to be weighed up at the
     4        end of the case that -----
     5
     6   MR. JUSTICE BELL:  Mr. Morris, you need not say any more because
     7        I have borne that in mind from the beginning of the case.
     8        If it was not that I thought you had that problem, I would
     9        have been strict with both sides.  It seems to me to be
    10        wrong to be strict with McDonald's about not going beyond
    11        statements if I am not going to be strict with you.  I am
    12        not going to be strict with you as I have not been strict
    13        with McDonald's.  But bear in mind what I have said.
    14
    15        If you think that there is any real risk that a witness who
    16        has come in may want to add significantly, or you may want
    17        them to add significantly, to what is in their statement,
    18        raise it well in advance so at least we can think about it
    19        and see if there is a solution.
    20
    21   MS. STEEL:   I think the point that Mr. Morris is making is the
    22        problem is we may not know well in advance.
    23
    24   MR. JUSTICE BELL:  I think you have to make some attempt to
    25        communicate with your witnesses, not only about when they
    26        are going to come to court, but whether there are extra
    27        things to add.  If you have to make contact with them in
    28        order to fix dates when they can come, then use that
    29        opportunity to say:  "Are further things which you can
    30        usefully say?"  Yes.  Let us carry on on that basis.  If
    31        there is a problem, I would like it raised quite openly and
    32        candidly so you can try to solve it.
    33
    34   MR. ATKINSON:  I hope it is not the style of my
    35        examination-in-chief that has produced a direction.
    36
    37   MR. JUSTICE BELL:  It is no reflection on you, Mr. Atkinson,
    38        unless there is any more introduction -----
    39
    40   MR. ATKINSON:  It will save a lot of time, my Lord.  Just
    41        because I was not expecting that, it does not cause me any
    42        problems, but it slightly alters the structure of the way I
    43        am going to ask the question.  Just perhaps this morning,
    44        my Lord, if we could go through it on this basis, that
    45        I ask Mr. Atkinson to have in front of him his statement,
    46        he then reads down to the end of a section.  It may be that
    47        I have one elaboration or whatever on that.
    48
    49   MR. JUSTICE BELL:  Follow that course today.  There is no
    50        objection to that, provided what is going to be asked is 
    51        right on the point that is being read in the statement. 
    52        I suggest you read the parts of the statement and then ask 
    53        if that is correct and then ask if that is correct.
    54
    55   MR. ATKINSON:  Have you got the -----
    56
    57   MR. JUSTICE BELL:  I think he should have a copy of his
    58        statement.
    59
    60   MR. ATKINSON:  Yes, it is volume X, yellow, Employment, 39B.

Prev Next Index