Day 057 - 29 Nov 94 - Page 23


     
     1
     2   MR. JUSTICE BELL:  You can not make the other side call a
     3        witness and serving a statement pursuant to an order to
     4        serve witness statements does not oblige them to do that.
     5
     6   MS. STEEL:  The thing is that he certainly was -- whether he is
     7        now, I do not know -- the vice president -----
     8
     9   MR. JUSTICE BELL:  Who are you talking about now?
    10
    11   MS. STEEL:  Mr. Cook.
    12
    13   MR. JUSTICE BELL:  I thought you were still on Mrs. Sasche.
    14
    15   MS. STEEL:  No.  We feel he should be called to give evidence
    16        and that his evidence is central.
    17
    18   MR. JUSTICE BELL:  Where is he now?
    19
    20   MR. RAMPTON:  He is in America, my Lord.
    21
    22   MS. STEEL:  He was senior vice president of McDonald's, so he
    23        was not just any kind of little person working at
    24        McDonald's.  He was in a very responsible position -- I do
    25        not know whether he still is -- but he was in charge of
    26        labour and his evidence is central to the arguments about
    27        trade unions.
    28
    29   MR. JUSTICE BELL:  Yes.  These are not matters which actually
    30        decide whether he should be called or not.  Have you the
    31        relevant provision with regards to Civil Evidence Act
    32        Notice and people beyond the sea?
    33
    34   MR. RAMPTON:  My Lord, if he is beyond the seas, he cannot be
    35        called.
    36
    37   MR. JUSTICE BELL:  The reason I ask you for it is so that I can
    38        draw Ms. Steel's and Mr. Morris' attention to it.  I am not
    39        going to say, no, full stop, now.  I am going to say that
    40        if they have a legal argument why you are obliged to call
    41        him -- it is not a question of whether it would be a good
    42        idea or not, it is a question of whether you are obliged to
    43        call a witness or not -- they can raise it with me.
    44
    45   MS. STEEL:   The reason, we would submit, that he should be
    46        called ----
    47
    48   MR. JUSTICE BELL:  No, just wait.  My volume I of my White Book
    49        seems to have -----
    50 
    51   MR. RAMPTON:  My Lord, it is Order 38. 
    52 
    53   MR. JUSTICE BELL:  Can you give the reference, Mr. Rampton?
    54
    55   MR. RAMPTON:  Yes, Order 38, Rule 24, in particular, Rule 24.3
    56        and then Rule 25 which specifies the reasons for which a
    57        person shall not be called, that is to say, dead, beyond
    58        the seas or unfit by reason of bodily or mental condition
    59        to attend or that you cannot find him.  But, my Lord, in
    60        this case Mr. Cook is beyond the seas.  We do not propose

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