Day 081 - 31 Jan 95 - Page 62


     
     1        suffer if you stayed down overnight and went home tomorrow
     2        evening, because if you were called by the Defendants
     3        I anticipate that their examination-in-chief would be
     4        relatively short and so would Mr. Rampton's
     5        cross-examination?
     6
     7   MR. CLARK:  I presume that Barlow Lyde & Gilbert would no longer
     8        pay me for the day's work.
     9
    10   MR. JUSTICE BELL:  I just do not know.  I assume your hotel bill
    11        tonight is seen to.  It is a question of any professional
    12        fee for tomorrow.
    13
    14   MR. RAMPTON:  My Lord, if I might intervene, that is right.
    15        That is not a question of amount; it is a question of
    16        principle.
    17
    18   MR. JUSTICE BELL:  I understand that.  There is absolutely no
    19        reason why your client should pay anything for tomorrow for
    20        a witness whom they do not want to call themselves.
    21
    22   MR. RAMPTON:  The question then is where he is going to get his
    23        fee from given that the University will not pay him.
    24
    25   MR. CLARK:  I am sorry, just to confirm what Mr. Rampton said.
    26        It is not so much the fee due to me.  The University system
    27        when I am not there and I am doing a consultancy job, then
    28        I have to complete certain paper work before I undertake
    29        that task.  That covers me for insurance purposes and so on
    30        and so forth.  It also flags up to the University that
    31        there is money due to the University.  So it is not simply
    32        that I am keen to derive money from the situation.  There
    33        is a mechanical problem where the University is concerned,
    34        because they simply will not pay for me to be doing
    35        something without money coming in to the University.  This
    36        is not Barlow Lyde have employed me, but they essentially
    37        have employed the University of Strathclyde that is who
    38        they will invoice, Barlow Lyde and Gilbert, not me.
    39
    40   MR. JUSTICE BELL:  But what does the University lose if you stay
    41        down tomorrow?
    42
    43   MR. CLARK:  One day of my time.
    44
    45   MR. JUSTICE BELL:  One day of your services?
    46
    47   MR. CLARK:  Yes.
    48
    49   MR. RAMPTON:  My Lord, I think I have understood it.  If he were
    50        my witness and he stayed down tomorrow and perhaps the next 
    51        day as well, then the University would send the bill to 
    52        Barlow Lyde with bills to be paid by McDonald's.  I think 
    53        what Mr. Clark is telling your Lordship is that he does not
    54        see why the University should be deprived of that simply
    55        because the Defendants are impecunious and I have to say
    56        nor do I.
    57
    58   MR. JUSTICE BELL:  I will simply ask you, Mr. Clark, if
    59        Ms. Steel or Mr. Morris said "we would like Mr. Clark to go
    60        into the witness box to give evidence", what would your

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