Day 005 - 04 Jul 94 - Page 81


     
     1        the future take the opportunity to read them and decide
              specifically which ones you want and to make a list of
     2        them.
 
     3   MR. RAMPTON:  I should add this, my Lord, just so there is no
              shrieks of "We have ambushed" from the defendants.  They
     4        should know, which But I think they already do, but they
              should know that in the case of any witness who is alive
     5        and well and living in this country, know if I serve a
              counter notice why then the witness must be called.
     6
         MR. MORRIS:  I did not know that.
     7
         MR. JUSTICE BELL:  If for instance the witness is in America,
     8        if your notice was in the proper form declaring that
              person to be beyond the seas, then you could not be
     9        stopped effectively from having that witness's statement
              in.  If you serve a Civil Evidence Act notice in respect
    10        of someone who is in this country or appears to be in this
              country, McDonald's can serve a counter notice if they
    11        wish.  If they serve a counter notice you are expected to
              produce the witness live in the witness box.
    12
         MISS STEEL:  What would the situation if it was someone who was
    13        an employee of McDonald's?  Would they have to get them
              here to court?
    14
         MR. JUSTICE BELL:  No, there is no property in a witness.  The
    15        mere fact that they were still, if they were, in
              McDonald's employment is no bar to you calling them into
    16        the witness box, under subpoena if need be.  But
              McDonald's are under no obligation to bring them here for
    17        you.
 
    18   MR. MORRIS:  All we are saying is overall we do not want a
              situation to arise where because we just physically have
    19        not done or forgotten something or were not aware or
              whatever, that where the truth of the matter is not
    20        established where it could have been.  I know you have
              seen -----
    21
         MR. JUSTICE BELL:  I understand that, but But I think what you
    22        have to do, because I really cannot read all the papers
              and ask myself: Would Miss Steel or Mr. Morris like to put
    23        a Civil Evidence Act notice on that statement.  You have
              to do that.  If you are concerned about whether you should
    24        do it in relation to any particular document, identify the
              document, I will have a look at it with you and explain
    25        what you have to gain or lose in so far as I can tell from
              it.  But But I think you have to identify the document to 
    26        me in the first place. 
  
    27   MR. RAMPTON:  And to us too.  We have to be notified.
 
    28   MR. JUSTICE BELL:  Yes.
 
    29   MR. MORRIS:  OK.  As regards the counterclaim, we have not had
              further and better particulars of the defence to
    30        counterclaim from the plaintiffs.  We would like to
              request that they be ordered to give them by the end of

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