Day 195 - 04 Dec 95 - Page 75


     
     1        we could finalise which of the rest of our employment
     2        witnesses we are ----
     3
     4   MR. JUSTICE BELL:  You might well fit those in after a day which
     5        may go a little short anyway.  For instance, I do not know
     6        whether Mr. Brett or Mr. Cramer will take the whole of
     7        their days.  See what you can do about Mr. Coton for
     8        tomorrow.
     9
    10                            (Short Adjournment)
    11
    12   MR. JUSTICE BELL:  Yes.
    13
    14   MR. MORRIS:  I phoned Mr. Coton who was there.  He said that all
    15        his appointments for Thursday and Friday have been shifted
    16        forward to be crammed into Wednesday -- sorry, for
    17        Wednesday and Thursday have been crammed into tomorrow.  So
    18        he did not feel able to come tomorrow.  So what we would
    19        like is to do is start on Wednesday afternoon or something,
    20        and it looks like he will be finished by the end of
    21        Thursday.  Then we will have the problem of Friday being a
    22        day lost.  I can try to contact ----
    23
    24   MR. JUSTICE BELL:  I think you should do your very best to get
    25        someone in on the Friday.  It may not matter very much who
    26        it is, but Mr. Shafibeik and Mr. and Mrs. Harrison are
    27        obvious choices as we are on Colchester.  How long do you
    28        really need to speak to Mr. Coton?  Have you spoken to him
    29        on the phone so far about the documentation?
    30
    31   MR. MORRIS:  No, not at all.  I have just sent them in the post
    32        to him.
    33
    34   MR. JUSTICE BELL:  Has he got them, do you know?
    35
    36   MR. MORRIS:  I did not ask him now.  He should have got them by
    37        now.  I think he has got them.  Actually, yes, he did refer
    38        to something in passing on the phone.
    39
    40   MR. JUSTICE BELL:  Yes.  I do not for myself, unless all the
    41        parties are agreed, think that we should read Civil
    42        Evidence Act statements tomorrow.  I am content to do so,
    43        but they can be put in at any time.  Even if the evidence
    44        may be important in itself it can be used to fill what
    45        otherwise might be out of time.  I do not see much point in
    46        everyone coming back into court just for the purpose of
    47        reading statements which can be read at any stage.  What
    48        I do think you should do is give some thought as to who you
    49        could usefully read during what remains of Thursday if
    50        Mr. Coton finishes before normal close of play on Thursday, 
    51        and do your very best to find people for Friday.  If there 
    52        was legal representation on both sides I would just say we 
    53        must have evidence on Friday, so be it.  I am not being
    54        arbitrary like that with you because I do understand that
    55        you have very real difficulties.  You have to try to move
    56        heaven and earth to get someone in this Friday 8th and for
    57        Friday 15th.  I know you appreciate it is important that we
    58        keep going.
    59
    60        It is helpful to all of us if we try to hear the evidence

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