Day 117 - 27 Apr 95 - Page 37


     
     1        Evidence Notice on that as well?  Her statement was served
     2        about a year ago, I think.
     3
     4   MR. JUSTICE BELL:  Why do I not have her on my -- Sarah English,
     5        she is last but one.
     6
     7   MR. RAMPTON:  She was served on the basis she was coming to
     8        court, my Lord.  That is why she is in section A.
     9
    10   MR. JUSTICE BELL:  Yes.  Can you think of any others at the
    11        moment?
    12
    13   MR. MORRIS:  I cannot think of any more Civil Evidence Act
    14        Notices that are not there.
    15
    16   MR. JUSTICE BELL:  If you think of any more before Monday, let
    17        us all know on Monday.
    18
    19        When I have looked at these I will hear any further
    20        argument before I make any decision or, even if it is not a
    21        formal and final decision, give some indication of the way
    22        I think about the situation.  But is there anything either
    23        you or Ms. Steel want to say now?  You will have an
    24        opportunity to address me again.  You can leave it all
    25        until then or say some of it now, if you want, in relation
    26        to the submission which Mr. Rampton has made about how we
    27        deal with the question of employment witnesses apart from
    28        those you have mentioned.
    29
    30   MR. MORRIS:  Yes.  Obviously, we are in a difficult situation in
    31        terms of contacting our witnesses takes sometime.  What we
    32        would like to do is come back to this matter when we have
    33        had a chance to actually contact them all by phone, and
    34        then we can say.  But, at the moment we basically think
    35        that it is unwise to assume that any of our witnesses will
    36        not attend court.
    37
    38   MR. JUSTICE BELL:  I do not think that is quite the way it is
    39        put, you see.  It is not a question of ----
    40
    41   MR. MORRIS:  That was the word Mr. Rampton used.
    42
    43   MR. JUSTICE BELL:  It is in this no man's land, it occurs to me
    44        at the moment.  Mr. Rampton may want to call witnesses to
    45        give positive evidence even if he cannot see in your
    46        armament of witnesses or documents a witness or document
    47        who sets up a contrary case on that topic.  He has done
    48        that in some instances, putting forward witnesses who seek
    49        to put McDonald's in a positively favourable light in one
    50        way or another on one possible topic or another, whether or 
    51        not you have got a witness or a document of your own on 
    52        that.  That is entirely up to him. 
    53
    54        If McDonald's know that you do have a witness who is coming
    55        to give evidence, I will say, against McDonald's, just as a
    56        coverall word, that may well encourage him to call, if he
    57        can, a witness as the antidote to that expected evidence.
    58
    59        What you have done so far as matters which you say are
    60        relevant to the employment issue in this case is served

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