Day 149 - 06 Jul 95 - Page 09


     
     1        I have actually managed to keep a pretty good note, only on
     2        very rare occasions asking the witness to pause for a
     3        moment.  If you cannot keep up with the evidence and there
     4        is a particularly important answer, then you must ask me to
     5        ask the witness to wait.  But I want you to do your very
     6        best.  You will have the CaseView screen, so that you can,
     7        as it were, as you go along, perfect your note by use of
     8        that as there are pauses, as they are bound to be.
     9        I think, when a witness has been examined, it is only right
    10        to take account of the fact that a note is being taken.
    11        But I really do not see, in my experience over the years of
    12        cases where there is no transcript, why we need go any
    13        slower than we have done so far.
    14
    15        The important thing is, if there is a particularly
    16        important answer, and especially if it is couched in some
    17        technical terms which are not easy to get down, to just ask
    18        for a pause.  But with the employment witnesses which are
    19        coming up, we should be able to go along at a fairly steady
    20        pace.  What have we got?
    21
    22   MR. MORRIS:  Can I just say that we are still reserving our
    23        right to take legal action to force the Plaintiffs to hand
    24        over copies of the transcript.
    25
    26   MR. JUSTICE BELL:  I will wait and hear about that.  You have
    27        completed your submissions in relation to your answer to
    28        what Mr. Rampton had to say with regard to Ms. Hovi and
    29        Mr. Bone.  You have some miscellaneous topics on soya?
    30
    31   MR. MORRIS:  Yes, I was going to bring up the soya issue.
    32
    33   MR. JUSTICE BELL:  The loose end that I recall there was that
    34        you referred to the statement of a witness which I could
    35        not find and Mr. Rampton had not be able to track down.
    36
    37   MR. MORRIS:  Sorry, do you mean Franz Wertz?  I think I handed a
    38        copy up fairly soon afterwards.
    39
    40   MR. JUSTICE BELL:  Where is that?
    41
    42   MR. RAMPTON:  Your Lordship should find it now, I hope, in the
    43        Defendants' powder blue witness volume -- 1C, I think it
    44        is, section L, new tab 6.  Most of it (though not all) is
    45        in German.
    46
    47   MR. MORRIS:  I am a little bit confused.  I have not got a copy
    48        of his actual letter to us.
    49
    50   MR. JUSTICE BELL:  You refer me to whatever you want. 
    51 
    52   MR. MORRIS:  I cannot remember whether it is Franz Wertz or 
    53        George Hanniker.  George Hanniker has written a statement
    54        in German, which I do not believe has been translated.
    55        Franz Wertz has written a letter basically enclosing
    56        correspondence that he had with McDonald's, of which we
    57        provided a translation.  Is that what you have?
    58
    59   MR. JUSTICE BELL:  What I have is a photocopy of a letter from
    60        Franz Wertz to you which encloses a letter from what

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