Day 166 - 28 Sep 95 - Page 10
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2 MR. MORRIS: I think it should be borne in mind that, as Helen
3 said, we have had virtually all of the Plaintiffs'
4 employment witnesses up to now, so I just think that has to
5 be borne in mind that, well .....
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7 MR. JUSTICE BELL: Let us see how we go.
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9 MR. MORRIS: It does discourage me from bringing up helpful
10 suggestions in the future because that was turned against
11 me by Mr. Rampton.
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13 MR. JUSTICE BELL: No, it has not been turned against you; it is
14 just a realistic solution to the problem,
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16 MR. RAMPTON: My Lord, can I ask two things: First of all, I
17 noticed that Mr. Duncan's statement mentions an article in
18 the March 1995 issue of the Labour Notes Magazine. Whether
19 he wrote it or not, I do not know. My question through
20 your Lordship is whether that has been disclosed.
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22 MR. MORRIS: Yes.
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24 MR. RAMPTON: It has? Then I would like to know where to find
25 it -- perhaps Mrs. Brinley-Codd will help me with that --
26 if it is to form part of his evidence. Secondly, and much
27 more important, if leave is to be sought to add
28 substantially to the written evidence of any of the
29 witnesses -- this applies equally to us as to the
30 Defendants -- then I would ask that it be sought in plenty
31 of time before the witness goes into the witness box,
32 because else it may put me in the same difficulty in
33 cross-examination as I face with Professor Crawford and
34 Miss Hovi.
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36 MR. JUSTICE BELL: I am not -- there may be merit in that but I
37 will just have to see how we go.
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39 MS. STEEL: As far as I remember, Mr. Rampton said he did not
40 want to cross-examine Professor Crawford. I do not
41 understand why he just said what he has said.
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43 MR. JUSTICE BELL: Do not trouble about it. I have given my
44 direction in a way so that you can take it down. You can
45 ask my leave if you want to go significantly beyond the
46 bounds of what is in the statement of one of your
47 witnesses. If you have a particular worry about a
48 particular witness, what I suggest you do is try to raise
49 it some time in advance and be entirely candid about where,
50 for instance, if it is a New Zealand witness who you think
51 may deal with other matters, just ask for my assistance; am
52 I likely to give you leave on that or am I going to say,
53 no, you must give something in writing -----
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55 MR. MORRIS: You see, the thing is we have a massive
56 administrative task in calling our witnesses who, as Helen
57 has said, most of them we have not met -- most of them I
58 have only spoken with on the phone and Helen has not spoken
59 to them at all -- and who we have not got the resources to
60 meet before most likely the morning when they turn up here
