Day 001 - 28 Jun 94 - Page 63


     
     1        set of the -- it is the solicitors' office set of the new
              trial bundles.  If it would help, I am not offering to
     2        copy any documents or produce any new sets, what I am
              instructed to offer is that the defendants should be
     3        allowed to use the solicitors' office set which is the
              same as these.
     4
         MR. JUSTICE BELL:  To have that at home you mean?
     5
         MR. RAMPTON:  Yes.  I do not mean come to the office and use
     6        them.  I do not think that would suit anybody.  That might
              help.
     7
         MR. MORRIS:  That would help certainly for one of us, anyway,
     8        because we are independent.  That would be helpful.  If
              possible we want to be able to cross-examine a witness
     9        straight after they have spoken.  I know there is
              provision for calling people back, but I would have
    10        thought it would be better to start on Friday with
              Mr. Preston.
    11
         MR. JUSTICE BELL:  What we are contemplating in this case is
    12        you not interposing someone else, but having a bit of a
              break before you cross-examine Mr. Preston if you still
    13        need to get your papers in order.  But would the problem
              be removed if you have, at least between the two of you,
    14        not only whatever you have at home now but one set which
              is in the same form as the set in court?  You must
    15        understand my position.  I have to do fairness by both
              parties.  I cannot just agree what is convenient to
    16        McDonald's as far as calling a witness is concerned and
              I cannot just agree what is convenient for you in other
    17        respects.  I have to do fairness between both sides.
 
    18   MR. MORRIS:  I propose Mr. Preston come on Friday morning.  His
              evidence I suppose -- we will leave it to your guidance
    19        really.  We did indicate there are problems with the trial
              bundles.  It would help to have extra sets for one of us.
    20        I also point out that the blue files which the plaintiffs
              said they would copy together with that set have not been
    21        completed yet -- unless you have them in the boxes -- you
              have them, that is good.  I think this is something we
    22        want to get sorted out at the beginning of the trial
              rather than it become a festering sore during the trial.
    23
         MR. JUSTICE BELL:  Mr. Rampton, I very much have in mind that
    24        although one wants to get on with the case and although
              there is a limit to which the timing of witnesses can be
    25        interfered with without inconvenience, my experience in
              the past of similar situations when one side does not have 
    26        its documents in order, is that one ends up with far much 
              more time lost than one is attempted to say.  What can we 
    27        do to solve this problem?  It is no use having
              recriminations about whether it ought to have been done by
    28        now or not.  One has to face the problem.
 
    29   MR. RAMPTON:  I cannot help feeling a certain lack of sympathy
              for the defendants, I have to say.
    30
         MR. JUSTICE BELL:  I am not asking to you be sympathetic to

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