Day 005 - 04 Jul 94 - Page 81
1 the future take the opportunity to read them and decide
specifically which ones you want and to make a list of
2 them.
3 MR. RAMPTON: I should add this, my Lord, just so there is no
shrieks of "We have ambushed" from the defendants. They
4 should know, which But I think they already do, but they
should know that in the case of any witness who is alive
5 and well and living in this country, know if I serve a
counter notice why then the witness must be called.
6
MR. MORRIS: I did not know that.
7
MR. JUSTICE BELL: If for instance the witness is in America,
8 if your notice was in the proper form declaring that
person to be beyond the seas, then you could not be
9 stopped effectively from having that witness's statement
in. If you serve a Civil Evidence Act notice in respect
10 of someone who is in this country or appears to be in this
country, McDonald's can serve a counter notice if they
11 wish. If they serve a counter notice you are expected to
produce the witness live in the witness box.
12
MISS STEEL: What would the situation if it was someone who was
13 an employee of McDonald's? Would they have to get them
here to court?
14
MR. JUSTICE BELL: No, there is no property in a witness. The
15 mere fact that they were still, if they were, in
McDonald's employment is no bar to you calling them into
16 the witness box, under subpoena if need be. But
McDonald's are under no obligation to bring them here for
17 you.
18 MR. MORRIS: All we are saying is overall we do not want a
situation to arise where because we just physically have
19 not done or forgotten something or were not aware or
whatever, that where the truth of the matter is not
20 established where it could have been. I know you have
seen -----
21
MR. JUSTICE BELL: I understand that, but But I think what you
22 have to do, because I really cannot read all the papers
and ask myself: Would Miss Steel or Mr. Morris like to put
23 a Civil Evidence Act notice on that statement. You have
to do that. If you are concerned about whether you should
24 do it in relation to any particular document, identify the
document, I will have a look at it with you and explain
25 what you have to gain or lose in so far as I can tell from
it. But But I think you have to identify the document to
26 me in the first place.
27 MR. RAMPTON: And to us too. We have to be notified.
28 MR. JUSTICE BELL: Yes.
29 MR. MORRIS: OK. As regards the counterclaim, we have not had
further and better particulars of the defence to
30 counterclaim from the plaintiffs. We would like to
request that they be ordered to give them by the end of
