Day 174 - 17 Oct 95 - Page 56


     
     1
     2   MR. MORRIS:  We are entitled to put to him also what the
     3        Plaintiffs' witnesses have said.
     4
     5   MR. JUSTICE BELL:  Let us have a look.
     6
     7   MR. RAMPTON:  He is section 9 of Volume II.  Your Lordship will
     8        find two statements there, one dated 27th July and a
     9        supplementary with some addenda which was made -- it is not
    10        dated -- oh, yes, it is dated 1st March 1995, and was made
    11        following a visit to a McDonald's restaurant, I think.  In
    12        fact, he went to two.  He went to Mare Street in Hackney
    13        and Seven Sisters during June 1995, and his second
    14        statement deals, at least in part, with his visits to those
    15        restaurants.  It already runs to 25 paragraphs that second
    16        statement, which is to be added to the nine paragraphs of
    17        the first statement.
    18
    19   MR. JUSTICE BELL:  When did you last have contact with
    20        Mr. Pearson about his evidence?
    21
    22   MR. MORRIS:  I am hoping to -- I have arranged a meeting with
    23        him for next week to go through -- I have not actually
    24        talked to him about his evidence; it was mainly just
    25        getting hold of him and fixing a date for him to attend.
    26
    27   MR. JUSTICE BELL:  Do bear in mind what I said a few days ago.
    28        This was not on Mr. Rampton's initiative, in fact it was on
    29        mine, although Mr. Rampton has expressed anxiety about it,
    30        and you will remember the reasons that I am not happy about
    31        new matters coming in when the party who calls their
    32        witnesses last has not given adequate notice of those
    33        matters.  In my view, it is not an answer to say, "Well,
    34        some McDonald's witnesses introduced new matters of which
    35        we have not had written notice".  Even if that were so,
    36        that answer does not provide a solution to the practical
    37        problem that if your witnesses come in second, introduce
    38        new matters, we have got to go through the whole rigmarole
    39        of contemplating McDonald's witnesses in recall to give
    40        evidence in rebuttal which, in a case which is taking as
    41        long as this to get through anyway, is, I have to say, a
    42        very unattractive prospect and I have tried to explain that
    43        to you before.  In fact, that is about the mildest way
    44        I can possibly express it.
    45
    46        So, if it is matters which have been given in evidence by
    47        McDonald's witnesses and where you put matters to them in
    48        cross-examination and all you are expecting is Mr. Pearson
    49        to back up what you put in cross-examination, that is one
    50        thing.  I may have forgotten, but I cannot remember many 
    51        things which would fall into that category at the moment. 
    52 
    53        I think you should make your two days for next week two of
    54        Wednesday, Thursday or Friday, and by the time we come back
    55        to court for those two days, whichever they are, you should
    56        have contacted Mr. Pearson and made some notes as full as
    57        you possibly can which you can hand over then of anything
    58        extra -- if, indeed, there is anything -- which you expect
    59        or would like to lead Mr. Pearson to.
    60

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