Day 205 - 17 Jan 96 - Page 36


     
     1   MR. MORRIS:  Our view was that we have heard so many people from
     2        that store, it would be preferable just to have it as a
     3        Civil Evidence Act notice.
     4
     5   MR. JUSTICE BELL:  Can you make a spur of the moment decision on
     6        that, Mr. Rampton?
     7
     8   MR. RAMPTON:  No, I cannot.  All I can say is that I have now
     9        read it.  If any proposal is made to us to recall
    10        Mr. Alimi, I would have really quite serious objection.
    11
    12        I will have to consider my position in relation to the
    13        Civil Evidence Act notice for this reason, that at this
    14        stage in the case Mr. Morris needs leave once again, even
    15        to do that.  He cannot just slap Civil Evidence Act notices
    16        on everything that he dumps on us, and that includes
    17        Mr. Rensi and everything else besides.
    18
    19        Whether I would object to his having leave, I have not
    20        really thought about.  Having glanced at it, I do not know
    21        that it adds anything to the sum of human knowledge at
    22        all.  It appears to be a combination of a testimonial for
    23        Mr. Coton's sub-management -- because Mr. Alimi only had a
    24        month with Mr. Coton as Manager -- and opinion evidence
    25        about McDonald's, which is inadmissible anyway.  But I have
    26        only glanced at it.
    27
    28        At the moment, there is no application to recall
    29        Mr. Alimi.  So, my Lord, I am not willing to do anything
    30        with it at the moment.
    31
    32   MR. MORRIS:  As far as we are concerned, the Civil Evidence Act
    33        notice is running as from today.
    34
    35   MR. JUSTICE BELL:  Are you calling for a formal Civil Evidence
    36        Act notice?
    37
    38   MR. RAMPTON:  My Lord, I am, because I may want to contest it.
    39        I may want to try and persuade your Lordship to need for
    40        service of a Civil Evidence Act order or to hear the
    41        evidence.  Anybody can serve a Civil Evidence Act notice at
    42        any time.  The question whether or not the party is of
    43        right entitled to read the evidence as part of his case
    44        depends upon the judge, if the notice is served out of
    45        time.  I cannot stop Mr. Morris putting a Civil Evidence
    46        Act notice on it at all.
    47
    48   MR. JUSTICE BELL:  Let there be deemed to be Civil Evidence Act
    49        notice as of now.  When will you be able to respond to
    50        that?  I mean, it seems to me we ought to get it done 
    51        fairly quickly. 
    52 
    53   MR. RAMPTON:  It is only a question of my sitting down for five
    54        minutes when I have a chance and thinking about it.
    55
    56   MR. JUSTICE BELL:  Can we come back to that first thing on
    57        Monday morning?
    58
    59   MR. RAMPTON:  My Lord, that is one way of dealing it; or else
    60        later this week. (Pause)  No, not this week, no.

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