Day 166 - 28 Sep 95 - Page 08


     
     1        statement as read.
     2
     3   MR. JUSTICE BELL:  What I have in mind to do is to give a
     4        direction in the following terms which I have just written
     5        down.  I will read it slowly, so it can be written down, if
     6        need be:
     7
     8        Employment witnesses should from now on have their
     9        statements taken as read or read out as their
    10        evidence-in-chief unless I give leave to ask further
    11        questions in-chief.  I do give leave in advance to all
    12        parties to ask some introductory questions to settle the
    13        witness before cross-examination.
    14
    15        That is the presumption from which we start.  It means
    16        anyone can ask for leave to ask more substantial questions
    17        in elaboration of what was in the statement.
    18
    19        (To the witness):  Please sit down, Mr. Atkinson.
    20
    21   MR. MORRIS:  Is it appropriate then to now ask that we be given
    22        leave for all our employment witnesses, that we can ask
    23        them about matters that are relevant to this case?
    24
    25   MR. JUSTICE BELL:  No.  You will have to seek my leave as each
    26        witness comes to the witness box.  I will consider it on
    27        its merits.  In fact, I have said no more than the practice
    28        direction says I should do in fact.  All I have done is
    29        said it in open court.
    30
    31   MS. STEEL:   I was not sure when you were bringing it up whether
    32        it was a proposal or whether that was a ruling.  But,
    33        I mean, I have not said anything on this but, firstly,
    34        I want to say that the vast majority of our employment
    35        witnesses I have not spoken to at all.  I doubt that I will
    36        get to speak to them until probably the night before they
    37        are due to give evidence or when they turn up in the
    38        morning.
    39
    40        Secondly, I think, given all the Plaintiffs' witnesses,
    41        virtually all the Plaintiffs' employment witnesses, have
    42        already given evidence and have vastly expanded in most
    43        cases on what was in their statements, I think that to
    44        bring in the direction at this stage does give something of
    45        an advantage to the Plaintiff on both those fronts.
    46
    47   MR. JUSTICE BELL:  What you must do is address me on that basis,
    48        if you want to ask further questions of your witnesses.
    49        What I do not expect I will have any objection to is
    50        elaboration on some topic which is touched on in the 
    51        statement.  By and large, though I do not say entirely, the 
    52        additional evidence which I have had from McDonald's 
    53        employment witnesses -- you noticed that this direction is
    54        in relation to employment witnesses only.  I will consider
    55        what, if anything, we should do about witnesses with regard
    56        to destruction of the environment or publication and so on
    57        when we come to it.  I think it is extremely unlikely I
    58        will give any direction like this in relation to your own
    59        evidence.  But what I am anxious to avoid is witnesses on
    60        whichever side embarking on new topics or new substantial

Prev Next Index