Day 084 - 07 Feb 95 - Page 53


     
     1        however heart-hearted, was misplaced.  Second, if in the
     2        future the Defendants are going to get the various
     3        documents which they may or may not be getting in the
     4        course of the next week or 10 days, it is very desirable if
     5        they are not going to be there that they make some
     6        arrangement whereby the document can be received or some
     7        alternative address where it can be taken so that they do
     8        not, in fact, turn up in court not having read the
     9        document.  So, if they would not mind telling us what their
    10        alternative arrangements are in advance, then we can deal
    11        with it.
    12
    13   MS. STEEL:  If I could say, I think it was not a half-hearted
    14        complaint.
    15
    16   MR. JUSTICE BELL (To the witness):  Would you like to go and sit
    17        down?
    18        A.  Yes, thank you very much.
    19
    20   Q.   Do not talk to anyone else about your evidence.  If you
    21        want to leave now, be back in good time to start again at
    22        10.30, please?
    23        A.  OK.
    24
    25   MS. STEEL:  It was not a half-hearted complaint.  It was a
    26        statement of fact.  I believe that the Plaintiffs were
    27        actually asked to give authorities as we were asked to give
    28        a list on the Friday so that we could have a chance to look
    29        at it.  This is something that has cropped up quite a few
    30        times, although not so much recently, where the Plaintiffs
    31        have made deliveries at ridiculously late hours of the
    32        night and at the weekends.  Obviously, there are some
    33        circumstances where that cannot be avoided.
    34
    35        We were at a legal meeting on Saturday morning and I was
    36        not in.  The card that was put through the letter box just
    37        looked like a flier.  We get a lot of fliers through for
    38        pizza delivery and things like that.  I did notice it on
    39        the mat.  That was the reason why I did not phone until
    40        Sunday night.  It was not until Sunday that I realised it
    41        was there.
    42
    43        I think if the Plaintiffs are going to be making a delivery
    44        on a Saturday or late at night, they should contact us to
    45        let us know that they want to be making a delivery at that
    46        time or during the weekend.
    47
    48   MR. JUSTICE BELL:  I am not going to entire into a squabble
    49        about that.  What I think the parties should do, which was
    50        always my experience at the Bar -- I do not know whether 
    51        there is sufficient co-operation in this case to do it -- 
    52        if either party is expecting to receive some form of 
    53        further documentation or information or is expecting to
    54        give some further information or documentation overnight
    55        or, more importantly, come Friday evening over the weekend
    56         -- I appreciate last week was not a typical week because
    57        we adjourned halfway through Wednesday -- make some effort
    58        before everyone goes their separate ways to find out when
    59        they may expect the information or documentation or tell
    60        the other side when it is anticipated that it will be

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