Day 241 - 26 Apr 96 - Page 26


     
     1        You follow, you have a look at, not now, but in due course
     2        page 660 in the first volume of the White Book which is
     3        Ord. 38 r. 14, and you follow the procedures there.  You
     4        can subpoena anyone you like provided you serve them.  You
     5        may find that if you subpoena someone who is a very busy
     6        person, they ask for the subpoena to be set aside -- and
     7        I do not know what will happen in this case if you manage
     8        to serve Lord Vestey -- on the basis that it is not
     9        necessary to take them away from whatever they are doing in
    10        order to give evidence.
    11
    12        If that happens however, what is sometimes suggested is
    13        that there is someone else who can give the evidence that
    14        you require instead of the person you have actually
    15        subpoenaed, but I do not know what will happen in this
    16        case.  If you wish to seek to adduce evidence, you must
    17        take whatever course you want.  I think what I actually
    18        said in the ruling whatever I may have said in court about
    19        subpoenaing witnesses what I said in the ruling was so far
    20        as I was aware you had not made any approach to Lord Vestey
    21        or the Vestey Organisation.
    22
    23   MS. STEEL:   I think you said we could have subpoenaed him.
    24
    25   MR. JUSTICE BELL:  Very well.  But you must take your own course
    26        on that because although I am prepared to help you from
    27        time to time as to what the procedural or what the legal
    28        the position is, I really cannot -----
    29
    30   MS. STEEL:  I thought we applied to you, but -----
    31
    32   MR. JUSTICE BELL:  No.
    33
    34   MS. STEEL:   So, we have to apply to a separate court?
    35
    36   MR. JUSTICE BELL:  No you apply to the Central Office.  What
    37        I suggest is you, when today is over, you have a look at
    38        38, 14, and read that.  You have to familiarise yourself
    39        with the rules first of all and it may be that you will
    40        have to have some idea but you can actually be helped, or
    41        your case can be actually be helped in some way by the
    42        witness, but I will not say any more.  You take your own
    43        course on it.
    44
    45   MR. MORRIS:  Right.
    46
    47   MR. JUSTICE BELL:  Are there any more procedural matters or can
    48        Mr. Rampton safely go?
    49
    50   MR. MORRIS:  He can safely go. 
    51 
    52   MR. RAMPTON:  I want to say something just before I do, if I 
    53        may.  Everybody has forgotten, except Mrs. Brinley-Codd.
    54        I owe your Lordship an update on Mr. Morganti and/or the
    55        Brazilian discovery.  The information from Mr. Morganti our
    56        American lawyers tell us, is very nearly complete.  There
    57        are one or two little bits that are still missing, but if
    58        your Lordship will allow me, I will persist in going down
    59        that route.  As I said before, I believe it will be more
    60        helpful.  I hope to have a complete account of the farms,

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