Day 171 - 11 Oct 95 - Page 50
1 first reason. The second reason, as I have said before,
2 I think you will find it easier to cope with your
3 employment witnesses if you start getting them in.
4
5 MR. MORRIS: Yes, I understand that. As far as Mr. Whittle is
6 concerned, Mr. Rampton tries to extend the restrictions
7 every time he speaks on the matter, the restrictions are
8 greater and greater on our witnesses which did not apply to
9 all his witnesses, and that we certainly intend to be
10 asking Mr. Whittle to explain what he means in his
11 statement and to expand on that, and if he is going to
12 bring up any completely new issues then we will give
13 advance notice of what they are and I have to speak to him
14 about that.
15
16 MR. JUSTICE BELL: What I would like you to do, because you are
17 going to have probably a large part of tomorrow afternoon
18 and you are going to have Friday as a preparation day -- is
19 Mr. Whittle someone you can speak to on the telephone?
20
21 MR. MORRIS: Yes.
22
23 MR. JUSTICE BELL: I would like you to come on Monday morning
24 with a note of any additional matters you are going to ask
25 my leave to ask Mr. Whittle about. You have to ask my
26 leave because that is the way it is expressed. It is too
27 formal a way of putting it but that is the form it actually
28 takes.
29
30 To put it in ordinary language, I would like you to come in
31 on Monday morning with a list of any new topics you would
32 like me to let you ask Mr. Whittle about and a list of the
33 topics where you think that there is any significant
34 expansion, because my concern about that is not that
35 I should not allow a certain amount of expansion -- as you
36 pointed out, we have had that from McDonald's witnesses --
37 but what may seem but expansion to you will seem like a new
38 topic to me and may do to McDonald's. So the way of
39 avoiding unnecessary argument about that is to add the
40 areas of expansion to your list of new topics.
41
42 MR. MORRIS: I think there has to be some understanding. As
43 I understand that you have, you know, you want to follow a
44 certain course but, for a start -- I mean, firstly, out of
45 about 70 witnesses or 75 witnesses that have been heard so
46 far only 18 have been ours and we are about to start
47 calling a substantial number of our witnesses, and I think
48 that alone means that the same should apply to our
49 witnesses that have applied to McDonald's witnesses. But
50 I understand that you have indicated that the course ----
51
52 MR. JUSTICE BELL: Part of that is just the layout of the case,
53 that the fact is if a McDonald's witness actually produces
54 something new, since they have gone first you have a decent
55 chance to check up on it before you call your witnesses.
56 It is just the fall of the dice. It does not work the
57 other way round because if one of your witnesses produces
58 something completely new it will be after all the
59 McDonald's witnesses are called. I have said I am
60 obviously reluctant not to allow relevant evidence to be
