Day 171 - 11 Oct 95 - Page 50


     
     1        first reason.  The second reason, as I have said before,
     2        I think you will find it easier to cope with your
     3        employment witnesses if you start getting them in.
     4
     5   MR. MORRIS:  Yes, I understand that.  As far as Mr. Whittle is
     6        concerned, Mr. Rampton tries to extend the restrictions
     7        every time he speaks on the matter, the restrictions are
     8        greater and greater on our witnesses which did not apply to
     9        all his witnesses, and that we certainly intend to be
    10        asking Mr. Whittle to explain what he means in his
    11        statement and to expand on that, and if he is going to
    12        bring up any completely new issues then we will give
    13        advance notice of what they are and I have to speak to him
    14        about that.
    15
    16   MR. JUSTICE BELL:  What I would like you to do, because you are
    17        going to have probably a large part of tomorrow afternoon
    18        and you are going to have Friday as a preparation day -- is
    19        Mr. Whittle someone you can speak to on the telephone?
    20
    21   MR. MORRIS:  Yes.
    22
    23   MR. JUSTICE BELL:  I would like you to come on Monday morning
    24        with a note of any additional matters you are going to ask
    25        my leave to ask Mr. Whittle about.  You have to ask my
    26        leave because that is the way it is expressed.  It is too
    27        formal a way of putting it but that is the form it actually
    28        takes.
    29
    30        To put it in ordinary language, I would like you to come in
    31        on Monday morning with a list of any new topics you would
    32        like me to let you ask Mr. Whittle about and a list of the
    33        topics where you think that there is any significant
    34        expansion, because my concern about that is not that
    35        I should not allow a certain amount of expansion -- as you
    36        pointed out, we have had that from McDonald's witnesses --
    37        but what may seem but expansion to you will seem like a new
    38        topic to me and may do to McDonald's.  So the way of
    39        avoiding unnecessary argument about that is to add the
    40        areas of expansion to your list of new topics.
    41
    42   MR. MORRIS:  I think there has to be some understanding.  As
    43        I understand that you have, you know, you want to follow a
    44        certain course but, for a start -- I mean, firstly, out of
    45        about 70 witnesses or 75 witnesses that have been heard so
    46        far only 18 have been ours and we are about to start
    47        calling a substantial number of our witnesses, and I think
    48        that alone means that the same should apply to our
    49        witnesses that have applied to McDonald's witnesses.  But
    50        I understand that you have indicated that the course ---- 
    51 
    52   MR. JUSTICE BELL:  Part of that is just the layout of the case, 
    53        that the fact is if a McDonald's witness actually produces
    54        something new, since they have gone first you have a decent
    55        chance to check up on it before you call your witnesses.
    56        It is just the fall of the dice.  It does not work the
    57        other way round because if one of your witnesses produces
    58        something completely new it will be after all the
    59        McDonald's witnesses are called.  I have said I am
    60        obviously reluctant not to allow relevant evidence to be

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