Day 187 - 13 Nov 95 - Page 51


     
     1
     2   MR. JUSTICE BELL:  What I will do is I hope to come back on
     3        Wednesday morning with the information about that.
     4
     5   MR. MORRIS:  Right.
     6
     7   MR. JUSTICE BELL:  The person who runs the other list is doing
     8        her very best to get things fixed, but it is not easy.
     9
    10   MR. MORRIS:  Right.  I do not know if we will get both the
    11        Harrisons, if they can both come on the same day, or
    12        something; whether we can get them out the way.  I believe
    13        they have family commitments, so we may not be able to
    14        schedule them both before Christmas, which will not
    15        actually leave any of our witnesses after Christmas except
    16        for some question marks, which we are considering about
    17        whether to call the ones from abroad and maybe a couple of
    18        others.
    19
    20        Now, I do not know -- we do not have to discuss it now --
    21        but we are a bit concerned about the Plaintiffs suddenly
    22        bringing in a whole lot of new witnesses to counter our
    23        witnesses after they have given evidence, although
    24        Mr. Rampton said they want the Colchester witnesses to be
    25        scheduled to be called after Mr. Coton.  The reality is
    26        Mr. Coton is not saying anything different from all the
    27        other Colchester witnesses that we have called.  So
    28        I cannot see how they could be given leave to produce
    29        rebuttal evidence.  That may not materialise anyway, but it
    30        worries me a little bit about -----
    31
    32   MR. JUSTICE BELL:  I do not think you should worry about that,
    33        because now we have had so much evidence we have gone a
    34        long way past the point where it, quite frankly, matters
    35        who calls their witnesses first on a topic.
    36
    37   MR. RAMPTON:  My Lord, I say the reason I put the Colchester
    38        witnesses -- I am quite happy to call my witnesses before
    39        the Plaintiffs (sic) -- I certainly will expect to apply
    40        for leave to call evidence in relation to Colchester for
    41        the reasons I have given to your Lordship, but in relation
    42        to Mr. Coton's timing.  The reason I put them there was
    43        simply that Mr. Coton has already been scheduled for the
    44        6th December and there was no other place to put them.
    45
    46   MS. STEEL:  Can we ask when we will be getting the statements?
    47
    48   MR. RAMPTON:  As soon as possible.  These are the Bath
    49        witnesses.
    50 
    51   MR. JUSTICE BELL:  I would like you to give me a date when you 
    52        anticipate doing that, Mr. Rampton; not this moment. 
    53
    54   MR. RAMPTON:  I will.  Maybe I will have served them before I
    55        give your Lordship the date.  The Bath witnesses, the Bath
    56        statements -- I am sorry -- have gone down to Bath to be
    57        approved and signed.  I am just waiting to have those
    58        back.  The Colchester witnesses have been seen, but I do
    59        not know that statements have yet been made.  I will do
    60        that as soon as I can.

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