Day 246 - 09 May 96 - Page 15


     
     1        good idea if we call Miss Bensilum or Mr. Love so they can
     2        explain about these documents because, really, I do not
     3        actually know what they represent.  I cannot really help
     4        the court"?
     5        A.  No, I did not say that, nor did I say not to.  I did
     6        not say either, I left it solely to them.
     7
     8   Q.   You are aware that you can sack your representing
     9        solicitors if you are not happy with the way they are
    10        carrying on in the case.
    11
    12   MR. JUSTICE BELL:  In my experience of litigation, this line of
    13        cross-examination, I have to say, is totally unrealistic.
    14        I have represented small Plaintiffs, I have represented
    15        large companies, and I have never heard a high executive in
    16        any company tell his lawyers who should be called and who
    17        should not be called in an action.
    18
    19   MS. STEEL:   As long as it is still open to us at the end of the
    20        case to say: "Why have the Plaintiffs not actually called
    21        somebody who can" ----
    22
    23   MR. JUSTICE BELL:  You can, but I do not think Mr. Preston can
    24        help.
    25
    26   MS. STEEL:   It is just because it frequently is said by
    27        Mr. Rampton:  "We decided this", "We decided that", as if
    28        to get McDonald's off the hook.  The point I am making is
    29        that it is McDonald's claim.
    30
    31   MR. JUSTICE BELL:  No, if you want to say they are hiding
    32        someone because they do not want to give you the
    33        opportunity of cross-examining them then you say it to me.
    34        Whether I accept it will depend on whether I think there is
    35        any merit in it.  What I am saying is, at the moment, I do
    36        not think -- I put it as bluntly as this -- any high
    37        executive in any large company will be extremely well
    38        advised to start telling his lawyers who they should and
    39        should not call in a case in which his company is involved.
    40
    41        Mr. Rampton might turn round and say to Mr. Preston, "Well,
    42        you row your own boat then".
    43
    44   MS. STEEL:   Find a new solicitor and barrister who would act in
    45        accordance with his wishes.
    46
    47   MR. JUSTICE BELL:  No, it is not the way it works in my
    48        experience.
    49
    50   MS. STEEL:   You are quite content with the fact that 
    51        Ms. Bensilum and Mr. Love are not being called? 
    52        A.  I am content to rely on the professional advice of my 
    53        solicitors and barristers, yes.
    54
    55   Q.   When I say "you", I mean you representing the second
    56        Plaintiff?
    57        A.  Yes.
    58
    59   Q.   If we turn to page 7, this is the document headed
    60        "McDonald's London Greenpeace Trial, Communications

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