Day 117 - 27 Apr 95 - Page 31
1 one of the things.
2
3 The other thing, there will, of course, be a witness
4 statement or statements setting out -- this is the scheme
5 we propose for it -- seriatim by reference to her
6 transcript allegations which Ms. Hovi made and dealing with
7 them one by one.
8
9 MR. JUSTICE BELL: Yes. What I would like is as hard as
10 possible an estimate given early next week of when the
11 statements will actually be served. Did you mean to say
12 that what appears in the statement will be related to the
13 transcripts so that one can, for instance, look at the
14 transcript? That would be extremely helpful.
15
16 MR. RAMPTON: That is the way we thought.
17
18 MR. JUSTICE BELL: Both so that everyone can find the place in
19 the transcript, but if there is any argument as to whether
20 what they are dealing with are matters of which you had
21 implicit notice beforehand, I do not know whether that will
22 be contended, but if it were, one could immediately
23 register that. If there is anything in the statements
24 which you think, quite candidly, is not really rebuttal
25 but, as it were, fresh evidence in relation to a ball which
26 was always in the air, I would like you to tell me that,
27 Mr. Rampton.
28
29 MR. RAMPTON: I will tell your Lordship, of course. In fact,
30 what I would do, I hope in the end and Mrs. Brinley-Codd is
31 going to do it herself -- it is time consuming -- is to
32 adhere strictly to her transcript for what we conceive to
33 be new allegations. Then if there is anything by way of
34 amplification of a ball, as your Lordship said, that was
35 already in play, that would be apparent because it would
36 not then be related; it would be in a different part of the
37 statement. Of course, I would do that. So, the statement
38 will refer to the transcript and to the new plan.
39
40 MR. JUSTICE BELL: I am not going to invite you to say anything
41 about that now because the first step is to wait and see
42 what the statements contain.
43
44 MR. RAMPTON: My Lord, the next thing is the question of the
45 Defendants' employment witnesses. On 6th March your
46 Lordship indicated the Defendants should have two weeks to
47 send out that letter which we produced. It was indicated
48 in that letter that the respondents should respond within
49 14 days. On 17th March your Lordship gave them a further
50 reminder about the letter. By 3rd April it is arguable, at
51 least, if they were going to respond they would have
52 responded.
53
54 We are now 27th, yesterday was 26th, which is some
55 nine-and-a-half weeks since the process started. We have
56 had seven responses, one negative, from what must have been
57 something like 40 letters. My Lord, I am not criticising
58 the Defendants for that at all. I am concerned about it
59 for two reasons, as your Lordship knows. I am now going to
60 make, if I may, a submission. I hope your Lordship will
