Day 117 - 27 Apr 95 - Page 37
1 Evidence Notice on that as well? Her statement was served
2 about a year ago, I think.
3
4 MR. JUSTICE BELL: Why do I not have her on my -- Sarah English,
5 she is last but one.
6
7 MR. RAMPTON: She was served on the basis she was coming to
8 court, my Lord. That is why she is in section A.
9
10 MR. JUSTICE BELL: Yes. Can you think of any others at the
11 moment?
12
13 MR. MORRIS: I cannot think of any more Civil Evidence Act
14 Notices that are not there.
15
16 MR. JUSTICE BELL: If you think of any more before Monday, let
17 us all know on Monday.
18
19 When I have looked at these I will hear any further
20 argument before I make any decision or, even if it is not a
21 formal and final decision, give some indication of the way
22 I think about the situation. But is there anything either
23 you or Ms. Steel want to say now? You will have an
24 opportunity to address me again. You can leave it all
25 until then or say some of it now, if you want, in relation
26 to the submission which Mr. Rampton has made about how we
27 deal with the question of employment witnesses apart from
28 those you have mentioned.
29
30 MR. MORRIS: Yes. Obviously, we are in a difficult situation in
31 terms of contacting our witnesses takes sometime. What we
32 would like to do is come back to this matter when we have
33 had a chance to actually contact them all by phone, and
34 then we can say. But, at the moment we basically think
35 that it is unwise to assume that any of our witnesses will
36 not attend court.
37
38 MR. JUSTICE BELL: I do not think that is quite the way it is
39 put, you see. It is not a question of ----
40
41 MR. MORRIS: That was the word Mr. Rampton used.
42
43 MR. JUSTICE BELL: It is in this no man's land, it occurs to me
44 at the moment. Mr. Rampton may want to call witnesses to
45 give positive evidence even if he cannot see in your
46 armament of witnesses or documents a witness or document
47 who sets up a contrary case on that topic. He has done
48 that in some instances, putting forward witnesses who seek
49 to put McDonald's in a positively favourable light in one
50 way or another on one possible topic or another, whether or
51 not you have got a witness or a document of your own on
52 that. That is entirely up to him.
53
54 If McDonald's know that you do have a witness who is coming
55 to give evidence, I will say, against McDonald's, just as a
56 coverall word, that may well encourage him to call, if he
57 can, a witness as the antidote to that expected evidence.
58
59 What you have done so far as matters which you say are
60 relevant to the employment issue in this case is served
