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?
