Day 181 - 01 Nov 95 - Page 62
1 someone is abroad, particularly.
2
3 MR. JUSTICE BELL: I appreciate that but the bottom line may be
4 that you call evidence tomorrow from Mr. Jenssen as it is
5 disclosed in his statement, that you finish there, there is
6 cross-examination there and that if you want to adduce
7 further evidence from Mr. Jenssen, you have to give notice
8 of it and Mr. Jenssen has to come back, or it is done by
9 Civil Evidence Act Notice.
10
11 MS. STEEL: Can I just ask ---
12
13 MR. JUSTICE BELL: Yes.
14
15 MS. STEEL: -- would this not be comparable to a situation
16 where the Plaintiffs have called extra evidence to what was
17 originally in their statements, if the Plaintiffs who have
18 got a Civil Evidence Act witness, so it is not somebody who
19 has already been, and they can just make a statement
20 rebutting whatever Mr. Jenssen says, if they so choose, and
21 in terms of cross-examination that is exactly the same
22 position that we have been left in when the Plaintiffs have
23 not given us any notice of what their witnesses are going
24 to say.
25
26 MR. JUSTICE BELL: I do not think it is because -- I think you
27 have a copy -- you must read my ruling again which I made
28 the other day. I heard some argument about this then. I
29 have made a ruling. That remains a ruling. It is not
30 subject to reargument.
31
32 MS. STEEL: I just think that the circumstances are different in
33 this case. I do understand what have you said on previous
34 occasions.
35
36 MR. JUSTICE BELL: I am not prejudging the matter, because if
37 Mr. Morris comes back in the morning, he may come back in
38 the morning and say there are no further things he wants to
39 ask Mr. Jenssen. He may come back in the morning with a
40 sheet of paper with some further things he wants to ask
41 Mr. Jenssen which cause no difficulty to those representing
42 McDonald's.
43
44 Mr. Morris may come back in the morning with a sheet of
45 paper which has a whole lot of new things on, as a result
46 of which, the extent of which is such that I feel
47 constrained to say: "Call Mr. Jenssen on what is in his
48 statement and we will have to deal with the other matters,
49 if I give leave, in the future".
50
51 But I am abiding by my ruling. I am prepared to look at
52 the matter in the morning in the light of any further
53 information, if there is any, as to what extra matters
54 Mr. Jenssen is going to dealt with.
55
56 MS. STEEL: Since the Plaintiffs have not already called a
57 witness on this, I think it would be fair if we were
58 treated in the same way as they have been treated in being
59 allowed to give evidence on matters for which they have not
60 given any notice and suddenly bring new documents out as
