Day 117 - 27 Apr 95 - Page 39


     
     1        come, there is some ground for assuming they are going to
     2        come and he has to call his witnesses on that topic before
     3        you do call yours.
     4
     5        If you do not get a form back or speak to a witness on the
     6        telephone or subpoena a witness and then you turn up in
     7        court one morning during the period allotted to employment
     8        and say, "I have got Mr. So and So after all, I would like
     9        to call him", then Mr. Rampton may be in a position where
    10        he can obtain my leave to call someone in rebuttal.
    11
    12        As far as I am concerned, I am prepared to be very fluid on
    13        this, but I would like to remind myself of the witnesses
    14        you have mentioned.  I think we should set aside just a few
    15        minutes, not for full argument on this but before
    16        Mr. Nicholson goes back into the witness box on Monday
    17        morning, so you can tell me if you have had any more forms
    18        back or if you have managed to contact anyone on the phone
    19        over the next three and a half days, then we will see where
    20        we have got to.  As I indicated when we were last talking
    21        about this, one very real factor in my mind is that we have
    22        an awful lot of names on the witness list for both sides
    23        and I want to take time to try the case properly, but not
    24        to have a lot of witnesses called whose evidence could have
    25        been fairly avoided.
    26
    27        Is there anything else you want to say now on any topic?
    28        I am going to ask Mr. Rampton what, if anything, he says
    29        about Civil Evidence Act notices and the need for
    30        formality, that is the other thing, I have mentioned it but
    31        in case I have not made it clear, if within next three and
    32        a half days you can go through your witnesses and identify
    33        the ones whom you have good ground to believe are abroad at
    34        the moment, apart from the ones you have mentioned, so that
    35        you can add them to your Lamti Vilna Gallez Englis list.
    36        I am not suggesting there should be something you should
    37        mention; I am just giving you the opportunity.
    38
    39   MR. MORRIS:  There were some other matters I was going to very
    40        briefly mention.
    41
    42   MR. JUSTICE BELL:  Let me ask Mr. Rampton.  What about Civil
    43        Evidence Act Notices?  Do you require a formal written
    44        notice or are you content it just be said in court?
    45
    46   MR. RAMPTON:  No, as long as I know they are supposed to apply
    47        to, we are perfectly content with that.  My Lord, I do
    48        repeat, I know it is not necessarily a good thing to do,
    49        before Mr. Morris goes on to "other matter" I am concerned
    50        about the Defendants' estimate of time. 
    51 
    52   MR. JUSTICE BELL:  Yes, I am sorry, I meant to ask about that. 
    53
    54   MS. STEEL:   Mr. Morris has done an estimate but I have not had
    55        a chance to speak to him about it.
    56
    57   MR. JUSTICE BELL:  I would like him to give his estimate now
    58        because I will not hold him to it necessarily; I do not
    59        think I can.
    60

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