Day 182 - 02 Nov 95 - Page 52
1 whatever the reasons are, accepting that the reasons are
2 ones of organisation and time and everything else, I still
3 do not think it is fair to have them come over here and,
4 perhaps, give you the night before some further information
5 which you think you can usefully adduce from them in
6 evidence, or put them in the witness box and ask them some
7 questions, apparently, for elaboration of what is in their
8 statements, which only leads to them giving evidence on new
9 matters without proper warning so that the opposing party
10 can consider their position, take instructions, if
11 possible, be in a position to take instructions if they can
12 and if they can think it is worth doing and, whatever
13 Mr. Rampton's difficulty may have been about calling
14 witnesses in rebuttal, to consider whether there is
15 evidence to be called in rebuttal.
16
17 In other words, what I do not want to happen is for them to
18 be called here not just so that they can be cross-examined
19 but in the hope that there may be matters which they can
20 add to their statements which may strengthen your case in
21 some respect. Because, if that is what you have in mind,
22 you have to devise some way of getting the information well
23 in advance, simply because, whatever your problems are, as
24 litigants in person without limitless funds, it is not fair
25 to do it that way.
26
27 I am not suggesting you are doing it to be unfair.
28 I accept for the purpose of what I am saying that it is
29 just constraints of resources and so on, but the end result
30 is not fair.
31
32 MR. MORRIS: Yes. I mean, part of my frustration is that
33 I cannot actually communicate directly because of the
34 language barrier.
35
36 MR. JUSTICE BELL: I appreciate that is a difficulty.
37
38 MR. RAMPTON: I have to go through a third person.
39
40 MR. JUSTICE BELL: But, you see, the other side of the coin is,
41 whatever view I took about Mr. Holm being incontactable in
42 Norway, first of all, there is the question of Mr. Holm
43 speaking English, secondly, there is one person in Norway
44 who is readily identifiable as the person from whom
45 instructions can be obtained about a variety of matters,
46 namely, Mr. Holm.
47
48 I fear that the same will not be the situation with regard
49 to franchisees in France. I think I have to put out of my
50 mind that there may be constraints on what they can divulge
51 to others, because I cannot do anything about French law in
52 that respect. But, if one puts that completely one side
53 and ignores that difficulty, I can still see that there
54 will be all sorts of practical difficulties in getting
55 further instructions.
56
57 So, if one accepts for the moment that what I have said so
58 far is sensible, the next thing is to decide whether you
59 want them to come to this country or to have the
60 translations of their statements read. Mr. Rampton has not
