Day 149 - 06 Jul 95 - Page 34


     
     1        far as they relate to pleaded occasions in their witness
     2        statements.
     3
     4        Then, my Lord, I will mention, if I may, only in passing
     5        (because I think it shrank in the end from being an
     6        application), Mr. Morris was going on at some length about
     7        putting Civil Evidence Act notices on quotes from the
     8        Plaintiff's employees, and so on and so forth.  I will not
     9        add anything to what your Lordship said to Mr. Morris about
    10        that yesterday.  All I would add is this:  from now on --
    11        to use a modern expression, from here on in -- we shall
    12        require formality from the Defendants in these matters;
    13        that is to say, they will have to serve a notice; they will
    14        have to identify who the person is that is giving the
    15        evidence; and they will have to say what particular
    16        statements they wish to rely on.  Unless your Lordship
    17        tells me otherwise -- of course, it is always within
    18        your Lordship's power to do so -- I will not any longer
    19        accept the statement in the course of
    20        cross-examination: "Ooh, we would like to put a Civil
    21        Evidence Act notice on that."  The time has come when the
    22        evidence must be put into some kind of order, because the
    23        end of the evidence is now in sight.
    24
    25        My Lord, that brings me to the next on my list, which is
    26        the Plaintiffs' application to recall Ms. Hovi for further
    27        cross-examination, and beyond, and more important than
    28        that, to call Mr. Bone in rebuttal.
    29
    30        My Lord, I can start on this.  I will not finish it before
    31        one o'clock.  I am willing to start now or to start at five
    32        to two, as your Lordship pleases.
    33
    34   MR. JUSTICE BELL:  I think we will break off there, because you
    35        made that application; the Defendants have responded, so
    36        you just have to reply to that.  There is no question of
    37        Defendants replying to your reply, but what they may wish
    38        to do is respond to what you have said on their
    39        applications which are the question of served witness
    40        statements which may not accord with those in the bundle,
    41        any items in relation to discovery, the point you have just
    42        made about Civil Evidence Act notice, anything in relation
    43        to counterclaim proceedings and discovery.
    44
    45   MR. RAMPTON:  Counterclaim proceedings, my Lord, was our
    46        application, and I am going to say something -----
    47
    48   MR. JUSTICE BELL:  And -- well, it comes under discovery -- what
    49        I will call Mrs. Barnes' documents.
    50 
    51   MR. RAMPTON:  My Lord, that is right.  My Lord, the only two 
    52        things I have left, both of which are Plaintiffs' 
    53        applications, are Hovi/Bone and a short word, in the
    54        absence of Mr. Atkinson, about discovery in relation to the
    55        counterclaim.
    56
    57   MR. JUSTICE BELL:  I cannot see that what you have to say or, in
    58        the light of the form of your answers in relation to
    59        discovery, what the Defendants have to say is going to take
    60        very long.  So we will resume at two o'clock rather than

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