Day 263 - 14 Jun 96 - Page 38


     
     1   MR. LEGGATT:  May it please your Lordship, I have come to
     2        your Lordship's court on behalf of Lord Vestey, who has
     3        been served with a writ of subpoena by the Defendants in
     4        this action.  My Lord, that subpoena was served on,
     5        I think, Tuesday of this week, on Lord Vestey and requires
     6        him to attend to testify as a witness on Tuesday next, that
     7        is 18th June.
     8
     9        My Lord, the service of the subpoena was not proceeded or
    10        accompanied by any communication from the Defendants
    11        explaining why he has been asked to come and give evidence
    12        or asking when it might be convenient for him to attend.
    13
    14        My Lord, Lord Vestey's position is that he is willing to
    15        come to court and to give evidence, if wished, on any
    16        matter on which it is thought that he might have relevant
    17        evidence to give.  But it happens that next week he has,
    18        some time ago, made a number of commitments which he would,
    19        if at all possible, wish to avoid breaking.
    20
    21   MR. JUSTICE BELL:  What do you want to suggest, Mr. Leggatt?
    22
    23   MR. LEGGATT:  I have been able to speak outside court both to
    24        the Defendants and to counsel for McDonald's, and the date
    25        of 27th June was mentioned as a possible date.  My Lord, if
    26        that date met with the approval of your Lordship, that is a
    27        date on which Lord Vestey would be able to attend court.
    28
    29   MR. JUSTICE BELL:  Yes.  Unless anyone has anything to say,
    30        I suggest if he would attend then, well and good, and we
    31        will hear his evidence that morning, come what may.
    32
    33   MR. LEGGATT:  I am most grateful, my Lord.
    34
    35   MR. JUSTICE BELL:  As he is attending in answer to a subpoena.
    36        Is there anything more to be said at this stage about it?
    37        Nothing which concerns you, anyway, Mr. Leggatt.  So, thank
    38        you very much.
    39
    40   MR. LEGGATT:  Thank you, my Lord.
    41
    42   MR. JUSTICE BELL:  The only thing I will say, remember, when you
    43        call someone, whether under subpoena or not, you cannot
    44        cross-examine.  You can ask them questions, obtain the
    45        information which you do obtain, hopefully, the information
    46        that you want to obtain; but you cannot, if you do not like
    47        the answer, start cross-examining them as if they were a
    48        witness for the other side.  Yes, Mr. Pocklington.  Has
    49        Mr. Russell actually come?
    50 
    51   MR. RAMPTON:  Yes.  So far as I know, he is just finishing his 
    52        lunch. 
    53
    54   MR. JUSTICE BELL:  We will see how we go.
    55
    56   MR. RAMPTON:  He will be along very shortly.
    57
    58
    59
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