Day 166 - 28 Sep 95 - Page 08
1 statement as read.
2
3 MR. JUSTICE BELL: What I have in mind to do is to give a
4 direction in the following terms which I have just written
5 down. I will read it slowly, so it can be written down, if
6 need be:
7
8 Employment witnesses should from now on have their
9 statements taken as read or read out as their
10 evidence-in-chief unless I give leave to ask further
11 questions in-chief. I do give leave in advance to all
12 parties to ask some introductory questions to settle the
13 witness before cross-examination.
14
15 That is the presumption from which we start. It means
16 anyone can ask for leave to ask more substantial questions
17 in elaboration of what was in the statement.
18
19 (To the witness): Please sit down, Mr. Atkinson.
20
21 MR. MORRIS: Is it appropriate then to now ask that we be given
22 leave for all our employment witnesses, that we can ask
23 them about matters that are relevant to this case?
24
25 MR. JUSTICE BELL: No. You will have to seek my leave as each
26 witness comes to the witness box. I will consider it on
27 its merits. In fact, I have said no more than the practice
28 direction says I should do in fact. All I have done is
29 said it in open court.
30
31 MS. STEEL: I was not sure when you were bringing it up whether
32 it was a proposal or whether that was a ruling. But,
33 I mean, I have not said anything on this but, firstly,
34 I want to say that the vast majority of our employment
35 witnesses I have not spoken to at all. I doubt that I will
36 get to speak to them until probably the night before they
37 are due to give evidence or when they turn up in the
38 morning.
39
40 Secondly, I think, given all the Plaintiffs' witnesses,
41 virtually all the Plaintiffs' employment witnesses, have
42 already given evidence and have vastly expanded in most
43 cases on what was in their statements, I think that to
44 bring in the direction at this stage does give something of
45 an advantage to the Plaintiff on both those fronts.
46
47 MR. JUSTICE BELL: What you must do is address me on that basis,
48 if you want to ask further questions of your witnesses.
49 What I do not expect I will have any objection to is
50 elaboration on some topic which is touched on in the
51 statement. By and large, though I do not say entirely, the
52 additional evidence which I have had from McDonald's
53 employment witnesses -- you noticed that this direction is
54 in relation to employment witnesses only. I will consider
55 what, if anything, we should do about witnesses with regard
56 to destruction of the environment or publication and so on
57 when we come to it. I think it is extremely unlikely I
58 will give any direction like this in relation to your own
59 evidence. But what I am anxious to avoid is witnesses on
60 whichever side embarking on new topics or new substantial
