Day 115 - 06 Apr 95 - Page 63


     
     1        first.  Do you understand?  If you had 50 people, for
     2        instance, 50 witnesses, dealing with 10 different topics
     3        and only 10 of those filled in the form saying they were
     4        going to come, provided each of those 10 witnesses between
     5        them dealt with each of the 10 topics, you might say it
     6        would need extremely good fortune but, theoretically, it is
     7        possible, then there would be no question of the Plaintiffs
     8        not calling their evidence but calling evidence in rebuttal
     9        because they would have had that notice that you were going
    10        to call evidence on each of those 10 topics.
    11
    12        So we have to take it stage by stage.  Even if at the end
    13        of the day only half of the people who write to you respond
    14        indicating positively they are going to come, they may
    15        between them deal with all the points of issues, do you
    16        follow?  So, if I may put it this way, I am not going to
    17        get excited about a dispute as to procedure which may never
    18        actually happen, not at this stage.
    19
    20   MR. RAMPTON:  My Lord, all I would like to know is who the ones
    21        are that are coming so that I can get on organising the
    22        people I do have to call.
    23
    24   MR. MORRIS:  So far as we are concerned they are all coming.
    25
    26   MR. RAMPTON:  I am sorry, Mr. Morris keeps saying that. I do not
    27        accept it.
    28
    29   MR. JUSTICE BELL:  All you are being asked now is if you say who
    30        the four are, for instance, let us just suppose that if one
    31        of them were a Dublin witness or an Irish witness ----
    32
    33   MR. MORRIS:  We did not write to the people in Ireland because
    34        they are coming anyway, they are abroad, so we have no
    35        obligation to bring them and their evidence would be Civil
    36        Evidence Act Notice in any case.
    37
    38   MR. JUSTICE BELL:  That may be a bad example, but if you pick
    39        another topic -----
    40
    41   MR. MORRIS:  Also they have said they are not calling their
    42        Irish representative, so if our witnesses come -----
    43
    44   MR. JUSTICE BELL:  I may have picked a bad example.
    45
    46   MR. MORRIS:  I understand.
    47
    48   MR. JUSTICE BELL:  But that does not invalidate the point.
    49
    50   MR. MORRIS:  The ones that have replied saying they will come 
    51        are Sarah Baker.  I am just trying to remember offhand. 
    52 
    53   MR. JUSTICE BELL:  Do your best.
    54
    55   MR. MORRIS:  Sia McAlenny, I think Peter Sutcliffe and I think
    56        the other one is one of the Harrisons which I believe used
    57        to work in Colchester.  It was the female.  It was a
    58        couple, they both worked at McDonald's.  They are both
    59        Harrison, one of them is a woman.
    60

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