Day 205 - 17 Jan 96 - Page 36
1 MR. MORRIS: Our view was that we have heard so many people from
2 that store, it would be preferable just to have it as a
3 Civil Evidence Act notice.
4
5 MR. JUSTICE BELL: Can you make a spur of the moment decision on
6 that, Mr. Rampton?
7
8 MR. RAMPTON: No, I cannot. All I can say is that I have now
9 read it. If any proposal is made to us to recall
10 Mr. Alimi, I would have really quite serious objection.
11
12 I will have to consider my position in relation to the
13 Civil Evidence Act notice for this reason, that at this
14 stage in the case Mr. Morris needs leave once again, even
15 to do that. He cannot just slap Civil Evidence Act notices
16 on everything that he dumps on us, and that includes
17 Mr. Rensi and everything else besides.
18
19 Whether I would object to his having leave, I have not
20 really thought about. Having glanced at it, I do not know
21 that it adds anything to the sum of human knowledge at
22 all. It appears to be a combination of a testimonial for
23 Mr. Coton's sub-management -- because Mr. Alimi only had a
24 month with Mr. Coton as Manager -- and opinion evidence
25 about McDonald's, which is inadmissible anyway. But I have
26 only glanced at it.
27
28 At the moment, there is no application to recall
29 Mr. Alimi. So, my Lord, I am not willing to do anything
30 with it at the moment.
31
32 MR. MORRIS: As far as we are concerned, the Civil Evidence Act
33 notice is running as from today.
34
35 MR. JUSTICE BELL: Are you calling for a formal Civil Evidence
36 Act notice?
37
38 MR. RAMPTON: My Lord, I am, because I may want to contest it.
39 I may want to try and persuade your Lordship to need for
40 service of a Civil Evidence Act order or to hear the
41 evidence. Anybody can serve a Civil Evidence Act notice at
42 any time. The question whether or not the party is of
43 right entitled to read the evidence as part of his case
44 depends upon the judge, if the notice is served out of
45 time. I cannot stop Mr. Morris putting a Civil Evidence
46 Act notice on it at all.
47
48 MR. JUSTICE BELL: Let there be deemed to be Civil Evidence Act
49 notice as of now. When will you be able to respond to
50 that? I mean, it seems to me we ought to get it done
51 fairly quickly.
52
53 MR. RAMPTON: It is only a question of my sitting down for five
54 minutes when I have a chance and thinking about it.
55
56 MR. JUSTICE BELL: Can we come back to that first thing on
57 Monday morning?
58
59 MR. RAMPTON: My Lord, that is one way of dealing it; or else
60 later this week. (Pause) No, not this week, no.
