Day 115 - 06 Apr 95 - Page 63
1 first. Do you understand? If you had 50 people, for
2 instance, 50 witnesses, dealing with 10 different topics
3 and only 10 of those filled in the form saying they were
4 going to come, provided each of those 10 witnesses between
5 them dealt with each of the 10 topics, you might say it
6 would need extremely good fortune but, theoretically, it is
7 possible, then there would be no question of the Plaintiffs
8 not calling their evidence but calling evidence in rebuttal
9 because they would have had that notice that you were going
10 to call evidence on each of those 10 topics.
11
12 So we have to take it stage by stage. Even if at the end
13 of the day only half of the people who write to you respond
14 indicating positively they are going to come, they may
15 between them deal with all the points of issues, do you
16 follow? So, if I may put it this way, I am not going to
17 get excited about a dispute as to procedure which may never
18 actually happen, not at this stage.
19
20 MR. RAMPTON: My Lord, all I would like to know is who the ones
21 are that are coming so that I can get on organising the
22 people I do have to call.
23
24 MR. MORRIS: So far as we are concerned they are all coming.
25
26 MR. RAMPTON: I am sorry, Mr. Morris keeps saying that. I do not
27 accept it.
28
29 MR. JUSTICE BELL: All you are being asked now is if you say who
30 the four are, for instance, let us just suppose that if one
31 of them were a Dublin witness or an Irish witness ----
32
33 MR. MORRIS: We did not write to the people in Ireland because
34 they are coming anyway, they are abroad, so we have no
35 obligation to bring them and their evidence would be Civil
36 Evidence Act Notice in any case.
37
38 MR. JUSTICE BELL: That may be a bad example, but if you pick
39 another topic -----
40
41 MR. MORRIS: Also they have said they are not calling their
42 Irish representative, so if our witnesses come -----
43
44 MR. JUSTICE BELL: I may have picked a bad example.
45
46 MR. MORRIS: I understand.
47
48 MR. JUSTICE BELL: But that does not invalidate the point.
49
50 MR. MORRIS: The ones that have replied saying they will come
51 are Sarah Baker. I am just trying to remember offhand.
52
53 MR. JUSTICE BELL: Do your best.
54
55 MR. MORRIS: Sia McAlenny, I think Peter Sutcliffe and I think
56 the other one is one of the Harrisons which I believe used
57 to work in Colchester. It was the female. It was a
58 couple, they both worked at McDonald's. They are both
59 Harrison, one of them is a woman.
60
