Day 057 - 29 Nov 94 - Page 23
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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.
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6 MS. STEEL: The thing is that he certainly was -- whether he is
7 now, I do not know -- the vice president -----
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9 MR. JUSTICE BELL: Who are you talking about now?
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11 MS. STEEL: Mr. Cook.
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13 MR. JUSTICE BELL: I thought you were still on Mrs. Sasche.
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15 MS. STEEL: No. We feel he should be called to give evidence
16 and that his evidence is central.
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18 MR. JUSTICE BELL: Where is he now?
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20 MR. RAMPTON: He is in America, my Lord.
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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.
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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?
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34 MR. RAMPTON: My Lord, if he is beyond the seas, he cannot be
35 called.
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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.
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45 MS. STEEL: The reason, we would submit, that he should be
46 called ----
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48 MR. JUSTICE BELL: No, just wait. My volume I of my White Book
49 seems to have -----
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51 MR. RAMPTON: My Lord, it is Order 38.
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53 MR. JUSTICE BELL: Can you give the reference, Mr. Rampton?
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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
