Day 052 - 21 Nov 94 - Page 59


     
     1        need be we will deal with this at the end of tomorrow."
     2
     3        My Lord, we heard not another word which is why it is not
     4        our intention, unless your Lordship orders us to do so, to
     5        call Mr. Van Erp in person.
     6
     7   MR. JUSTICE BELL:  Or to have him read because the arithmetic
     8        can be done anyway.
     9
    10   MR. RAMPTON:  Yes, I suppose it can.  He is the subject of a
    11        Civil Evidence Act Notice.  Had a counter notice been
    12        served within the proper time, they could not have avoided
    13        calling him unless he had been ill, but the Defendants are
    14        now so far out of time, despite that encouragement from
    15        your Lordship on 27th June, that I would resist any
    16        suggestion that he should be brought to court now.
    17
    18        If the Defendants want your Lordship to exercise your
    19        Lordship's discretion now to allow them to serve a counter
    20        notice out of time, why then, they must give your Lordship
    21        the reason why that discretion should be exercised in that
    22        way and then I can argue about it. But simply to say they
    23        want him to be called now, frankly, is not good enough as
    24        he is just a numbers man.
    25
    26   MS. STEEL:   We want to ask him about the calculations and about
    27        the figures.  It is a similar situation with various other
    28        witnesses for the Plaintiffs that have given evidence about
    29        figures and numbers.  When you actually cross-examine them
    30        it turns out that they say something other than what they
    31        actually look like they are saying; for example, the
    32        figures on the amount of CFC's used by the Plaintiffs --I
    33        cannot remember the name of the witness.
    34
    35   MR. JUSTICE BELL:  My feeling, Mr. Rampton, I mean argue it if
    36        you wish, but if it is just a calculation it is surely one
    37        we can do ourselves.  If it is more than a calculation,
    38        then if he is in the country he ought to come along rather
    39        than just have his statement read.  If you decide it is
    40        just a calculation and, therefore, you do not want to
    41        adduce his evidence at all because you can put some sums on
    42        a sheet of paper and I can check them through myself, that
    43        is one thing; but if you want to adduce his evidence if he
    44        is in this country, then surely he ought to come.  It may
    45        be irritating that the notice has not been given in time.
    46        It may be wrong that it has not been given in time.
    47
    48   MR. RAMPTON:  If there is some good reason why he should be here
    49        then, of course.  It is irritating.  It is irritating for
    50        this particular reason as a matter of fact, that I would 
    51        like his figures to be before the court before 
    52        Mr. Mallinson gives evidence, and because Mr. Mallinson 
    53        naturally enough not being a McDonald's person or a Persico
    54        person (Mr. van Erp is Persico) cannot give direct evidence
    55        about it.
    56
    57   MR. JUSTICE BELL:  If can I do the sum, surely Mr. Mallinson
    58        could.
    59
    60   MR. RAMPTON:  It may be. I have taken on board what your

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