Day 174 - 17 Oct 95 - Page 57


     
     1   MR. MORRIS:  Yes.  I mean, the point is Mr. Pearson is entitled
     2        to explain what he means in his statement.  If he brings up
     3        anything new that there is no indication of, of course,
     4        bearing in mind what you said before, that if I know
     5        someone is going to bring up something new then I will put
     6        it down on paper and let the other side know.  But -- and
     7        I know it is not, you know, the only approach that if their
     8        witnesses have done it then our witnesses should be able to
     9        do it, but if a witness of McDonald's has given an 80 page
    10        verbatim examination-in-chief in the transcripts and they
    11        only had a ten page statement, or something, then it does
    12        indicate that people are expected, and indeed that is what
    13        has happened in this case, people can expand upon the
    14        specific things they have put in their statement.
    15
    16   MR. JUSTICE BELL:  It may be ----
    17
    18   MR. MORRIS:  Unless they bring up new things.
    19
    20   MR. JUSTICE BELL:  It may be that I should have restricted that
    21        when McDonald's were giving evidence, but the fact is that
    22        it was not and the fact is that I saw no reason why you
    23        should be prejudiced by that because your witnesses were
    24        still to come and you have to accept, in my view, that we
    25        are now in a different situation because I do not want a
    26        lot of recalling of witnesses to deal with new matters.
    27
    28        Leave it there.  I think you should -- what you have to do
    29        is fill two days of next week, and you have to fill Monday
    30        of the week after and you should try, in my view, to get
    31        someone in addition to any overrun of Mr. Pearson for
    32        Wednesday the 1st as well as people for Thursday the 2nd
    33        and Friday the 3rd, because I can see that
    34        cross-examination of Mr. Pearson might not be very long.
    35
    36   MR. MORRIS:  If the Plaintiffs do not wish to question our
    37        witnesses that is entirely their problem and they should
    38        say so.
    39
    40   MR. JUSTICE BELL:  It is not quite the same -----
    41
    42   MR. MORRIS:  They said it would take half a day when they
    43        responded to our letter.  We said it would take a day,
    44        examination-in-chief.  The Plaintiffs basically said, you
    45        know, whatever they said in their letter, and I am guided
    46        by that.
    47
    48   MR. JUSTICE BELL:  Even if that were right, that only takes you
    49        to the middle of Wednesday.
    50 
    51   MR. MORRIS:  I understand that, but any time that we can have 
    52        off during the day is helpful to us in preparing for the 
    53        following day.
    54
    55   MR. JUSTICE BELL:  I appreciate that, but I think you have to
    56        ask for it and not just so arrange things that I am landed
    57        with half a day off.  If you say, "I have got Mr. X here
    58        for Wednesday but I did not have a chance to talk to him"
    59        -- I am not encouraging you to do this; if you get him to
    60        come the first thing on Wednesday morning you may be able

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