Day 240 - 24 Apr 96 - Page 46


     
     1   MR. MORRIS:  Their own statement.
     2
     3   MR. JUSTICE BELL:  -- he had said on a previous occasion in the
     4        statement.
     5
     6   MR. MORRIS:  Right.
     7
     8   MR. JUSTICE BELL:  That has not troubled us in this case.
     9        Indeed, with most people's evidence their statement has
    10        stood as their evidence-in-chief, or most of it.  So that
    11        objection is not there.  In any event, if the Civil
    12        Evidence Act statement was read and then you wanted to call
    13        the witness, they would not have heard what was there.  Is
    14        there any fundamental objection, Mr. Rampton?
    15
    16   MR. RAMPTON:  No, it is not really a fundamental one but it is
    17        actually the Civil Evidence Act itself, section 2(2), which
    18        says: "Where, in any civil proceedings, a party desiring to
    19        give a statement in evidence by virtue of this section has
    20        called or intends to call as a witness in the proceedings
    21        the person by whom the statement was made, the statement
    22        shall not be given in evidence by virtue of this section on
    23        behalf of that party without the leave of the court".
    24
    25        Generally speaking -- obviously, the underlying reason may
    26        be the one your Lordship gave but it is, in fact, because
    27        of the statute -- the rule is that the witness has to give
    28        the evidence first before any reference can be made to the
    29        statement.  No doubt your Lordship is right.
    30
    31   MR. JUSTICE BELL:  Unless you raised any objection, I might just
    32        have to deem the Civil Evidence Act statement not to have
    33        been given in evidence, even though it has been read, and
    34        then get on with the witness.  But it is not going to come
    35        to that because the reality is that you are going to rely
    36        on a Civil Evidence Act statement rather than live
    37        evidence.
    38
    39        Then I have got J. Dunbar, statement awaited.
    40
    41   MR. MORRIS:  Well, I mean, I cannot complain if a cut-off date,
    42        you know, arrives for his evidence because -----
    43
    44   MR. JUSTICE BELL:  Remind me what he is about.
    45
    46   MR. MORRIS:  He is a former employee of McDonald's and he has
    47        done a statement which, he says, he sent to me which did
    48        not arrive, and then I have been chasing him up for a copy
    49        for the last three or four months, intermittently, but
    50        I have not received a copy.  So, obviously, when the time 
    51        comes you decide that the date is too late ----- 
    52 
    53   MR. JUSTICE BELL:  I am going to -----
    54
    55   MR. MORRIS:  I will follow it up.
    56
    57   MR. JUSTICE BELL:  What I will say now -- it is as much an
    58        attempt to help you; it is a very extensive deadline -- but
    59        I will say service by 31st May, and then you will have to
    60        call him, if you are going to call him at all, very quickly

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