Day 259 - 10 Jun 96 - Page 67


     
     1
     2        But what we cannot do is have witnesses giving a certain
     3        part of their evidence and then leaving the witness box to
     4        come back when the matter has been argued at some later
     5        stage, be it half a day into the future or a day into the
     6        future.  So, what I suggest is -- Mr. Bishop, is it not,
     7        who is -----
     8
     9   MR. RAMPTON:  He is here, my Lord.
    10
    11   MR. JUSTICE BELL:  What I suggest is that Mr. Bishop is called.
    12        When we get to cross-examination, I am quite prepared to
    13        take stock again at the first moment when any question of
    14        yours or Ms. Steel's is objected to.
    15
    16        But if you do have counsel to argue the point, I think
    17        counsel has to be prepared not just to argue the general
    18        principles, but the specific situation in relation to your
    19        question, which will mean having some information about
    20        just what it was that Mr. Bishop was asked when Mr. Rampton
    21        took his objection.
    22
    23        I am not closing my eyes to the very real probability that
    24        there will be objection, but I just have to wait and see.
    25        Sometimes they are actually solved without great argument
    26        on principle.  I just want to wait and see.
    27
    28   MS. STEEL:   Can I ask, I did mention about the notes from
    29        Mr. Bishop from 17th May, which he refers to in his third
    30        statement, and which have not been disclosed at all.
    31        Obviously, we want those to be disclosed.
    32
    33        The other thing, also, is that if the Plaintiffs could
    34        please copy overnight -- as I understand it, they have a
    35        colour photocopier in their offices -- if they could copy
    36        the photographs that were shown for the first time in court
    37        this morning?
    38
    39   MR. JUSTICE BELL:  It is 8th May, you say?
    40
    41   MS. STEEL:   17th May.
    42
    43   MR. RAMPTON:   The reason for that is -- I will just get the
    44        papers to see if that can be done -- whether it can be done
    45        overnight is not within my power.  My Lord, so far as
    46        17th May is concerned, the only significance is it was
    47        Mr. Bishop's first visit.  Your Lordship said the other
    48        day, in the ruling on the Defendants' application for leave
    49        to serve interrogatories on these questions -- and, with
    50        respect, this has been the attitude that I have adopted -- 
    51        meetings which are not attended by Ms. Steel or Mr. Morris 
    52        and/or at which no question relating to McDonald's arose 
    53        are not relevant.  The only significance of 17th May was
    54        that that was his first meeting; that is when his
    55        undertaking began.  There is nothing in the notes which has
    56        any bearing on any issue in the case.
    57
    58   MR. JUSTICE BELL:  Is there any harm in disclosing them?
    59
    60   MR. RAMPTON:  Yes, there is this harm, that I am very resistant,

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