Day 084 - 07 Feb 95 - Page 53
1 however heart-hearted, was misplaced. Second, if in the
2 future the Defendants are going to get the various
3 documents which they may or may not be getting in the
4 course of the next week or 10 days, it is very desirable if
5 they are not going to be there that they make some
6 arrangement whereby the document can be received or some
7 alternative address where it can be taken so that they do
8 not, in fact, turn up in court not having read the
9 document. So, if they would not mind telling us what their
10 alternative arrangements are in advance, then we can deal
11 with it.
12
13 MS. STEEL: If I could say, I think it was not a half-hearted
14 complaint.
15
16 MR. JUSTICE BELL (To the witness): Would you like to go and sit
17 down?
18 A. Yes, thank you very much.
19
20 Q. Do not talk to anyone else about your evidence. If you
21 want to leave now, be back in good time to start again at
22 10.30, please?
23 A. OK.
24
25 MS. STEEL: It was not a half-hearted complaint. It was a
26 statement of fact. I believe that the Plaintiffs were
27 actually asked to give authorities as we were asked to give
28 a list on the Friday so that we could have a chance to look
29 at it. This is something that has cropped up quite a few
30 times, although not so much recently, where the Plaintiffs
31 have made deliveries at ridiculously late hours of the
32 night and at the weekends. Obviously, there are some
33 circumstances where that cannot be avoided.
34
35 We were at a legal meeting on Saturday morning and I was
36 not in. The card that was put through the letter box just
37 looked like a flier. We get a lot of fliers through for
38 pizza delivery and things like that. I did notice it on
39 the mat. That was the reason why I did not phone until
40 Sunday night. It was not until Sunday that I realised it
41 was there.
42
43 I think if the Plaintiffs are going to be making a delivery
44 on a Saturday or late at night, they should contact us to
45 let us know that they want to be making a delivery at that
46 time or during the weekend.
47
48 MR. JUSTICE BELL: I am not going to entire into a squabble
49 about that. What I think the parties should do, which was
50 always my experience at the Bar -- I do not know whether
51 there is sufficient co-operation in this case to do it --
52 if either party is expecting to receive some form of
53 further documentation or information or is expecting to
54 give some further information or documentation overnight
55 or, more importantly, come Friday evening over the weekend
56 -- I appreciate last week was not a typical week because
57 we adjourned halfway through Wednesday -- make some effort
58 before everyone goes their separate ways to find out when
59 they may expect the information or documentation or tell
60 the other side when it is anticipated that it will be
