Day 081 - 31 Jan 95 - Page 60


     
     1   MR. MORRIS:  Yes.
     2
     3   MR. JUSTICE BELL:  And it all goes in, so it is all evidence.
     4
     5   MR. MORRIS:  It has to be the whole statement; not just a
     6        section?
     7
     8   MR. JUSTICE BELL:  It effectively has.  You could in theory give
     9        a Civil Evidence Act notice in relation to parts of it just
    10        by defining the parts and the date and the time, but you
    11        have no answer if Mr. Rampton then gave a Civil Evidence
    12        Act notice in respect of all it; it would all go in.
    13        I have not heard argument on the matter but that is what
    14        I -- it is not a situation, I have to say, I have had
    15        before.  That is what I surmise the position is.
    16
    17   MS. STEEL:   We can hear Mr. Rampton saying that it seems to be
    18        the obvious solution.  Is he saying that if we serve a
    19        Civil Evidence Act he will not oppose it?
    20
    21   MR. RAMPTON:  It is very likely. I am not giving any
    22        undertaking, no, as this seems to be a fairly
    23        straightforward and open discussion, is has seemed to me
    24        for some considerable time that the sensible thing to do,
    25        because we want to save time in the case, because in large
    26        measure it appears that Mr. North and Mr. Clark are in
    27        total agreement about the conditions in McDonald's
    28        restaurants, the different ones they saw admittedly, the
    29        sensible thing would be for the Defendants to serve a Civil
    30        Evidence Act notice on his statement and leave it at that.
    31        Whether I would think it right to inconvenience him and
    32        bring him down from Scotland by serving a counter notice,
    33        I think is unlikely.  I would add, my Lord, I do not think
    34        it is sensible that anybody should be compelled to make a
    35        decision about this matter tonight.
    36
    37   MR. JUSTICE BELL:  No.  I only wanted to discuss it tonight
    38        because, of course, Mr. Clark has probably got places he
    39        would far rather be than sitting in court.
    40
    41   MR. RAMPTON:  I have not asked him but I dare say he has
    42        somewhere to stay tonight because he was listed to give
    43        evidence, I think, tomorrow.
    44
    45   MR. JUSTICE BELL:  The other aspect, since we are considering
    46        all, if that is not a satisfactory conclusion I would ask
    47        Mr. Clark -- the words you gave were that he has no wish to
    48        talk to the Defendants, well, there you are.  If you have
    49        provided a statement for one party, even though as an
    50        expert witness the idea is impartiality, you may find it 
    51        embarrassing to talk to the other side.  You also said 
    52        Mr. Clark had no wish to give evidence and what I would ask 
    53        him is, well, it may well be he has no wish but if
    54        Mr. Morris said, "I would like Mr. Clark to go into the
    55        witness box, will he do that" without some -----
    56
    57   MR. RAMPTON:  I cannot answer for him.  He is as independent
    58        minded as most of the people from North of the border are.
    59        I did not suggest to him in any way what his answers should
    60        be.  I do not know even know the reasons why he will not

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