Day 117 - 27 Apr 95 - Page 39
1 come, there is some ground for assuming they are going to
2 come and he has to call his witnesses on that topic before
3 you do call yours.
4
5 If you do not get a form back or speak to a witness on the
6 telephone or subpoena a witness and then you turn up in
7 court one morning during the period allotted to employment
8 and say, "I have got Mr. So and So after all, I would like
9 to call him", then Mr. Rampton may be in a position where
10 he can obtain my leave to call someone in rebuttal.
11
12 As far as I am concerned, I am prepared to be very fluid on
13 this, but I would like to remind myself of the witnesses
14 you have mentioned. I think we should set aside just a few
15 minutes, not for full argument on this but before
16 Mr. Nicholson goes back into the witness box on Monday
17 morning, so you can tell me if you have had any more forms
18 back or if you have managed to contact anyone on the phone
19 over the next three and a half days, then we will see where
20 we have got to. As I indicated when we were last talking
21 about this, one very real factor in my mind is that we have
22 an awful lot of names on the witness list for both sides
23 and I want to take time to try the case properly, but not
24 to have a lot of witnesses called whose evidence could have
25 been fairly avoided.
26
27 Is there anything else you want to say now on any topic?
28 I am going to ask Mr. Rampton what, if anything, he says
29 about Civil Evidence Act notices and the need for
30 formality, that is the other thing, I have mentioned it but
31 in case I have not made it clear, if within next three and
32 a half days you can go through your witnesses and identify
33 the ones whom you have good ground to believe are abroad at
34 the moment, apart from the ones you have mentioned, so that
35 you can add them to your Lamti Vilna Gallez Englis list.
36 I am not suggesting there should be something you should
37 mention; I am just giving you the opportunity.
38
39 MR. MORRIS: There were some other matters I was going to very
40 briefly mention.
41
42 MR. JUSTICE BELL: Let me ask Mr. Rampton. What about Civil
43 Evidence Act Notices? Do you require a formal written
44 notice or are you content it just be said in court?
45
46 MR. RAMPTON: No, as long as I know they are supposed to apply
47 to, we are perfectly content with that. My Lord, I do
48 repeat, I know it is not necessarily a good thing to do,
49 before Mr. Morris goes on to "other matter" I am concerned
50 about the Defendants' estimate of time.
51
52 MR. JUSTICE BELL: Yes, I am sorry, I meant to ask about that.
53
54 MS. STEEL: Mr. Morris has done an estimate but I have not had
55 a chance to speak to him about it.
56
57 MR. JUSTICE BELL: I would like him to give his estimate now
58 because I will not hold him to it necessarily; I do not
59 think I can.
60
