Day 081 - 31 Jan 95 - Page 58


     
     1
     2        Is there anything I should add?
     3
     4   MR. RAMPTON:  I think perhaps as the Defendants are not
     5        represented, normally speaking I would keep my cards close
     6        to the chest, but I feel a bit embarrassed about that,
     7        I will say no more than this and I will leave it your
     8        Lordship, there is Section 36 of the Supreme Court Act of
     9        1981.
    10
    11   MR. JUSTICE BELL:  Is that Volume 2?
    12
    13   MR. RAMPTON:  My Lord, that is Volume 2 at page 1579, paragraph
    14        5164.  I am not going to read it out.  I am going to draw
    15        it to your Lordship's attention, if I may, and leave it
    16        with your Lordship; in particular, 36 subsection 1.
    17
    18   MR. JUSTICE BELL:  Let me just read that.
    19
    20   MR. RAMPTON:  That does not apply as at this moment, but it may
    21        well apply from tomorrow.
    22
    23   MR. JUSTICE BELL:  Let me read 3 as well.  I am grateful for
    24        that because I had anticipated a difficulty if there was a
    25        subpoena and Mr. Clark was outside the jurisdiction, i.e.
    26        in Scotland, because I have no jurisdiction over Scotland.
    27        My jurisdiction is over England and Wales.  In effect, a
    28        subpoena issued in the High Court in London can be served
    29        anywhere in the United Kingdom.
    30
    31   MR. RAMPTON:  My Lord, that means there has to be an argument,
    32        whether your Lordship thinks it right to do so, to give
    33        leave, in effect, which in the ordinary case is not so.
    34        There is the further problem which arises now that
    35        Mr. Clark is no longer my witness but if the Defendants
    36        want to call him their witness, which arises under
    37        subsection 4, in particular subsections of that, (a) and
    38        (b).  That is a problem for the Defendants and not for
    39        McDonald's any longer.
    40
    41   MS. STEEL:   Mr. Rampton would not like to lend his copy?
    42
    43   MR. JUSTICE BELL:  You may borrow mine.  Start at halfway down
    44        the right-hand facing page.
    45
    46   MR. RAMPTON:  My Lord, we have a spare one here.
    47
    48   MS. STEEL:   Can I ask for that to be explained in clearer
    49        English, please?
    50 
    51   MR. JUSTICE BELL:  Yes.  If you ask me to order that a writ of 
    52        subpoena shall issue in a special form commanding Mr. Clark 
    53        to attend the trial wherever he is in the United Kingdom,
    54        I consider whether I should make such an order and if I do
    55        make such an order, and I have not heard Mr. Rampton but at
    56        the moment I would be minded to do so if you ask me to,
    57        then service of the writ of subpoena anywhere in the United
    58        Kingdom (which includes Scotland where I assume Mr. Clark
    59        normally lives) shall be as valid and effectual for all
    60        purposes as if it had been served within the jurisdiction,

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