Day 117 - 27 Apr 95 - Page 42


     
     1        said it in cross-examination so I can make a note that you
     2        challenge the admissibility of that document and I can hear
     3        what Mr. Rampton has to say about it.
     4
     5        You can challenge it in two ways: The first is as to its
     6        admissibility, which means whether it is admitted as proper
     7        evidence at all, and the second is in relation to the
     8        weight, if any, to be attached to it which are, juris
     9        prudentially, two different issues.  If no weight is to be
    10        attached to a document, it does not matter whether it is
    11        admissible or not.  So the end result may be the same.
    12
    13        What I suggest you do is make one of your recycled paper
    14        lists which you have done in the past for topics.  Do not
    15        just put the headline.  If you can put two or three lines
    16        underneath so that everyone can see what you have got in
    17        mind, that would be helpful.
    18
    19   MR. MORRIS:  Yes.  We have a problem at the moment that
    20        everything seems to be happening at the same time, such as
    21        legal matters that we need to address which are
    22        outstanding.  We are preparing for Mr. Nicholson which is
    23        quite extensive and Mr. Beavers as well, and also making
    24        these phone calls, contact all our witnesses.  It may all
    25        sound very simple to a law firm, but actually we are
    26        finding it quite a burden.  So, all I am saying is we will
    27        do all these matters but if there can be some bearing in
    28        mind that it is quite a burden.
    29
    30   MR. JUSTICE BELL:  We may over the next two or three weeks have
    31        days where a witness would not otherwise be giving
    32        evidence, so you may get the time and you may be able to
    33        raise them then.  So far as your list of the things you
    34        want to raise is concerned, start the running of this now
    35        and put down what you can think of now on it with what you
    36        can of to indicate what your particular concern or argument
    37        is, and then go back to it whenever another matter comes
    38        into your head.
    39
    40   MR. MORRIS:  I have a running total of things but I have to
    41        check.
    42
    43        The other thing I wanted to mention was that we may serve
    44        some further employment witness statements on Monday
    45        morning.  I will have to sort some documents.  There may be
    46        further employment documents.  I think that it is only fair
    47        for Mr. Nicholson to have a chance to look at those and
    48        Mr. Rampton to have a chance to question him.
    49
    50   MR. JUSTICE BELL:  What about the documents first of all?  The 
    51        most important thing is that you get together and copy any 
    52        documents which you would like to put to Mr. Nicholson in 
    53        cross-examination.
    54
    55   MR. MORRIS:  Yes.
    56
    57   MR. JUSTICE BELL:  Are there many of those?
    58
    59   MR. MORRIS:  I do not know.  I will have to check through a
    60        pile.  I have not got the employment ones separated from

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