Day 005 - 04 Jul 94 - Page 79


     
     1   MR. JUSTICE BELL:  But I think we had better keep an eye on it
              and see how we go on.  One advantage of having your
     2        transcripts is that if it is not possible to have one of
              your witnesses here while their opposite number, as it
     3        were, is giving evidence you can at least give them the
              transcript of his or her evidence so they can read that
     4        through.
 
     5   MR. MORRIS:  Yes.  Obviously it is important for them to sit in
              so they can advise us about questions to ask.  Mr. Rampton
     6        made a major issue of that when we discussed this last
              time, as to how inconvenient it would be if his witnesses
     7        were not able to sit in while our witnesses were giving
              evidence.
     8
         MR. RAMPTON:  There is nothing to stop Mr. Hopkins sitting in
     9        court any time he wants to.
 
    10   MR. MORRIS:  No.  We are talking about Mr. Lipsit or whatever.
              We could just see how it goes, but do not blame us if
    11        there are problems.  So we are obviously willing to -----
 
    12   MR. JUSTICE BELL:  We cannot hold recycling and waste witnesses
              back, can we, until Mr. Lipsit gets here a week today?  We
    13        have to move on with it.
 
    14   MR. MORRIS:  No.  We are not suggesting holding anybody up.  We
              are just suggesting trying to fit everybody in as best as
    15        possible.  Part of the problem with the schedule is we
              believe it is much too tight all around.  The breaks are
    16        not there in any event for preparation and reading, but
              also the slippage breaks in themselves are very tight.
    17
         MR. JUSTICE BELL:  We will just have to see how we go.  You
    18        have to have something down on paper to start with.
 
    19   MR. MORRIS:  Yes, it is very helpful.  The other thing is about
              the Civil Evidence Act notices.  As you know, you did
    20        suggest that as we have come up to a document we should
              remember to ask for a Civil Evidence Act notice to be
    21        considered or pursued.  As you can probably see, we have
              not done it as we have been going through.  We are still a
    22        little bit confused.  We are just asking for your guidance
              as we go through really to remember, if possible, that,
    23        because we are missing things and I do not want to be
              -----
    24
         MR. JUSTICE BELL:  No.  Is there any particular document you
    25        have referred to so far where you think you should have
              said: We want that to be treated as evidence given by the 
    26        person whose statement has been referred to in the 
              document?  By "statement" I mean in the broadest sense; 
    27        not written statement, just something said.
 
    28   MR. MORRIS:  I cannot really remember.  We are under enormous
              pressure.  I do not remember the documents that I referred
    29        to anyway, referred to in the last few days.  For
              documents which they have disclosed, do we have to ask
    30        about Civil Evidence Act notices or is that automatic or
              is it just the ones with McDonald's?

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