Day 080 - 30 Jan 95 - Page 62
1 crossed my mind even to wonder why it should be. It is
2 entirely a matter for you to decide which of the witnesses
3 in respect of whom you have served statements you choose to
4 call.
5
6 MS. STEEL: I think that was because of an admission by the
7 Plaintiffs.
8
9 MR. JUSTICE BELL: It may well have been but it did not even
10 occur to me to wonder why; it is totally irrelevant.
11
12 MR. RAMPTON: If your Lordship were to read and the Defendants
13 were to read paragraphs 11, 12, 20, 21 and 22 of
14 Mr. North's statement, they would understand that I do not
15 need to call him.
16
17 MR. JUSTICE BELL: I am not concerned why parties do or do not
18 call their own witnesses.
19
20 MS. STEEL: We want to call Mr. Clark if Mr. Rampton is not
21 calling him.
22
23 MR. JUSTICE BELL: That is up to you but, quite frankly -- I am
24 not saying it in respect of this -- if I were you, if you
25 hear that Mr. Rampton is not going to or is not minded to
26 call a witness as presently advised, he has given you a day
27 or so's notice that that is his point of view, you just sit
28 down and think about it and make a decision on whether you
29 are going to call him or not. You do not have to tell me
30 now.
31
32 MR. MORRIS: If he is going to be heard, it might be appropriate
33 for him certainly to be heard in the place he was due to be
34 heard this week.
35
36 MS. STEEL: As he is down here already.
37
38 MR. JUSTICE BELL: Yes, I dare say.
39
40 MR. RAMPTON: Otherwise he goes back to Scotland and we will
41 have to subpoena him.
42
43 MR. JUSTICE BELL: That is a bit unreasonable, is it not, if he
44 has come here anyway?
45
46 MR. RAMPTON: I know but if he is not heard while he is here, he
47 can go back to Scotland. I am not going to keep him here.
48
49 MR. JUSTICE BELL: That is precisely what, no doubt, Mr. Morris
50 has in mind.
51
52 MR. RAMPTON: My Lord, I hope the Defendants understand that if
53 they call him they cannot cross-examine him and I can.
54
55 MR. JUSTICE BELL: Yes, I explained to that you before.
56
57 MR. RAMPTON: I can ask him any question, leading question,
58 under the sun that I like. I hope they understand that.
59
60 MR. MORRIS: May be that is why you want to do it, but that is
