Day 241 - 26 Apr 96 - Page 26
1 You follow, you have a look at, not now, but in due course
2 page 660 in the first volume of the White Book which is
3 Ord. 38 r. 14, and you follow the procedures there. You
4 can subpoena anyone you like provided you serve them. You
5 may find that if you subpoena someone who is a very busy
6 person, they ask for the subpoena to be set aside -- and
7 I do not know what will happen in this case if you manage
8 to serve Lord Vestey -- on the basis that it is not
9 necessary to take them away from whatever they are doing in
10 order to give evidence.
11
12 If that happens however, what is sometimes suggested is
13 that there is someone else who can give the evidence that
14 you require instead of the person you have actually
15 subpoenaed, but I do not know what will happen in this
16 case. If you wish to seek to adduce evidence, you must
17 take whatever course you want. I think what I actually
18 said in the ruling whatever I may have said in court about
19 subpoenaing witnesses what I said in the ruling was so far
20 as I was aware you had not made any approach to Lord Vestey
21 or the Vestey Organisation.
22
23 MS. STEEL: I think you said we could have subpoenaed him.
24
25 MR. JUSTICE BELL: Very well. But you must take your own course
26 on that because although I am prepared to help you from
27 time to time as to what the procedural or what the legal
28 the position is, I really cannot -----
29
30 MS. STEEL: I thought we applied to you, but -----
31
32 MR. JUSTICE BELL: No.
33
34 MS. STEEL: So, we have to apply to a separate court?
35
36 MR. JUSTICE BELL: No you apply to the Central Office. What
37 I suggest is you, when today is over, you have a look at
38 38, 14, and read that. You have to familiarise yourself
39 with the rules first of all and it may be that you will
40 have to have some idea but you can actually be helped, or
41 your case can be actually be helped in some way by the
42 witness, but I will not say any more. You take your own
43 course on it.
44
45 MR. MORRIS: Right.
46
47 MR. JUSTICE BELL: Are there any more procedural matters or can
48 Mr. Rampton safely go?
49
50 MR. MORRIS: He can safely go.
51
52 MR. RAMPTON: I want to say something just before I do, if I
53 may. Everybody has forgotten, except Mrs. Brinley-Codd.
54 I owe your Lordship an update on Mr. Morganti and/or the
55 Brazilian discovery. The information from Mr. Morganti our
56 American lawyers tell us, is very nearly complete. There
57 are one or two little bits that are still missing, but if
58 your Lordship will allow me, I will persist in going down
59 that route. As I said before, I believe it will be more
60 helpful. I hope to have a complete account of the farms,
