Day 169 - 04 Oct 95 - Page 36


     
     1        give it to me very quickly and I may well agree with you.
     2
     3   MS. STEEL:   Last night we were given one copy between us to
     4        check.  Obviously, there are two of us and we live in
     5        different places, so that meant that only one of us could
     6        check the documents.
     7
     8   MR. RAMPTON:  My Lord, I am sorry, I must interrupt.  I was here
     9        at the time.  They were given a copy at lunch time and they
    10        were told that they could use our copier freer of charge if
    11        they wanted to make a second copy.  If they declined to do
    12        so, that is their own funeral.
    13
    14   MS. STEEL:  I would make the point that it is the Plaintiffs'
    15        obligation to serve the statements which they are actually
    16        using in court.  It is them who has consistently managed to
    17        make a mistake and serve the wrong statements.  There is no
    18        reason why in addition to the time that I had to spend last
    19        night comparing the two statements I should have to spend
    20        time photocopying them as well.
    21
    22   MR. JUSTICE BELL:  Has someone read the new statement?
    23
    24   MS. STEEL:   I compared my version but, if you remember, the
    25        other day Mr. Morris and I both had different statements.
    26
    27   MR. JUSTICE BELL:  Have you found any difference between the
    28        version which was served on you and the one you were given
    29        yesterday?
    30
    31   MS. STEEL:   Not on the one that I have, but if that had
    32        happened the other day, with one of us just checking, then
    33        it might have been that nothing was discovered then either.
    34
    35   MR. JUSTICE BELL:  No.  I see no point in reading the statement,
    36        quite frankly.  If you want to bring out any part of it in
    37        cross-examination, do so.
    38
    39   MS. STEEL:  I really do not think it is fair that consistently
    40        we are having to do all the work that results from the
    41        Plaintiffs refusal to make discovery, refusal to provide
    42        the right copies of statements or, you know, just general
    43         -- they have got a whole legal team at their disposal.
    44        Why should it always be up to us?  We have got enough on
    45        our plate as it is.
    46
    47   MR. JUSTICE BELL:  It is not always up to you at all, but that
    48        is my ruling.  From now on it is completely at the option
    49        of the person calling the witness whether they merely ask
    50        the witness to aver their statement if it is accurate or 
    51        read it out loud.  You will have exactly the same choice 
    52        and what McDonald's have to say about it will be neither 
    53        here nor there either.  Sit down, please, Mr. Morris.
    54        Carry on, please.
    55
    56   MR. MORRIS:  I have not made any comment about why I would like
    57        the statement to be read out.  I would like to make a
    58        comment on that.
    59
    60   MR. JUSTICE BELL:  Yes, do.

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