Day 253 - 21 May 96 - Page 38


     
     1        unless they have to go in search of someone.  Where does
     2        Miss Brophy live?
     3
     4   MS. STEEL:  I cannot remember off-hand, but it is somewhere in
     5        Cheshire.
     6
     7   MR. JUSTICE BELL:  Which town?
     8
     9   MS. STEEL:   Somewhere in Cheshire.
    10
    11   MR. JUSTICE BELL:  I think you should investigate that.  You can
    12        borrow my White Book at any time if you want to have a look
    13        at it.  There is a flag in the top of it for the right
    14        page, but I do not think I can order substituted service
    15        just to avoid expense.  The purpose of personal service is
    16        to protect the person who is being served so that one can
    17        be sure they have actually got the subpoena before one
    18        takes any kind of steps for failure of them to attend in
    19        answer to it.
    20
    21   MS. STEEL:  I was going to ask about that.  If it is the case
    22        that a witness is basically willing to attend would it be
    23        all right if we sent it to her and she confirmed she got
    24        it, and then we go from there, because it seems like that
    25        is the purpose of having served it by hand.
    26
    27   MR. JUSTICE BELL:  It is, but I really cannot say.  I think what
    28        you have to find out first of all is where she lives, find
    29        what the local County Court is, ring up the County Court
    30        office, identify a process server and what find out what
    31        the charges are.  The other thing is, the date she is
    32        coming is quite late in the schedule for this trial and
    33        what I would not want to find is that you were under the
    34        impression that if you served by post she would come but
    35        something happened and she did not come, and we were very
    36        close to the end of the scheduled evidence.  So, what you
    37        may find is that the cost of the process server taken in
    38        relation to the expense of bringing her here anyway is not
    39        that great, and you have to try and raise it somehow.
    40
    41   MS. STEEL:   Right.  While we have the schedule open, I do not
    42        have to declare this, seeing as you said we do not have to
    43        say when our witnesses are coming, but to be helpful, which
    44        we have generally tried to do despite what Mr. Rampton
    45        tries to make out, Professor Crawford cannot actually make
    46        19th but he is coming back earlier than expected from the
    47        States so he is now going to be 17th and 18th that he is
    48        listed for.
    49
    50   MR. JUSTICE BELL:  Right.  Is there anything else short before 
    51        one o'clock? 
    52 
    53   MR. MORRIS:  No.  There are a few legal bits and pieces we could
    54        deal with this afternoon at some stage.
    55
    56   MR. JUSTICE BELL:  How long will they take?
    57
    58   MR. MORRIS:  I was thinking that there are outstanding Civil
    59        Evidence Act notices which I would wish to read out, but
    60        that does not have to be today.

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