Day 088 - 13 Feb 95 - Page 85
1
2 MR. JUSTICE BELL: I thought you, in fact, volunteered that.
3
4 MR. RAMPTON: I did, but there may come a time -- this is going
5 to be my third point -- when I shall urge your Lordship
6 once again to allow us to call rebutting evidence instead
7 of calling our evidence first, but not in that particular
8 case because we have a perfectly understandable -- I mean
9 it is comprehensible -- statement from a person who is,
10 apparently, going to be called as a witness. Therefore,
11 she should go first, sorry, we should go first and she
12 should follow, which would mean one would not get to that
13 evidence until sometime after 27th March.
14
15 It does have this convenience: It means that if your
16 Lordship was agreeable to that, then it does mean that 8th,
17 9th and 10th March are now free, or 9th and 10th and may be
18 Mr. Bowes could come back to be finished then.
19
20 MR. MORRIS: I do not understand exactly the situation. I would
21 have thought it was up to the Plaintiffs to decide what
22 witness they want rather than Jarrets. It is not Jarrets
23 that is calling a witness. Our other witnesses may wish to
24 comment on the evidence from Jarrets, not only Ms. Hovey.
25
26 MR. JUSTICE BELL: When was Ms. Hovey's statement served?
27
28 MR. MORRIS: It was the middle of December some stage,
29 20th December. I think the Plaintiffs were ordered, was
30 that, I think by yourself to have a statement by 21st of
31 this month.
32
33 MR. RAMPTON: That is right, but I said I would come back to
34 your Lordship if there was a difficulty and there is, so
35 I am doing that.
36
37 MR. MORRIS: The statement is dated December 4th. We may have
38 served it a few days later than that. I cannot remember
39 the exact date.
40
41 MR. JUSTICE BELL: It was before Christmas anyway, was it not?
42
43 MR. MORRIS: Well before Christmas. We are also concerned, I am
44 not quite sure about calling an expert is qualitatively
45 different than calling a witness of fact. An expert would
46 not be able to know what the situation was at the time of
47 Ms. Hovey's employment so he would not really be able to or
48 she would not be able to -----
49
50 MR. JUSTICE BELL: When you have Ms Hovey in for the moment
51 because you were asked to pencil in the boxes from Monday,
52 20th March onwards?
53
54 MR. MORRIS: We have not filled them in yet. We were going to
55 do that at half term but in any case we thought there may
56 be some overlap because we thought that some of the
57 Plaintiffs' witnesses may go over, so we wanted to leave
58 that until half term before we put down a list, but she
59 could be called at any period.
60
