Day 182 - 02 Nov 95 - Page 52


     
     1        whatever the reasons are, accepting that the reasons are
     2        ones of organisation and time and everything else, I still
     3        do not think it is fair to have them come over here and,
     4        perhaps, give you the night before some further information
     5        which you think you can usefully adduce from them in
     6        evidence, or put them in the witness box and ask them some
     7        questions, apparently, for elaboration of what is in their
     8        statements, which only leads to them giving evidence on new
     9        matters without proper warning so that the opposing party
    10        can consider their position, take instructions, if
    11        possible, be in a position to take instructions if they can
    12        and if they can think it is worth doing and, whatever
    13        Mr. Rampton's difficulty may have been about calling
    14        witnesses in rebuttal, to consider whether there is
    15        evidence to be called in rebuttal.
    16
    17        In other words, what I do not want to happen is for them to
    18        be called here not just so that they can be cross-examined
    19        but in the hope that there may be matters which they can
    20        add to their statements which may strengthen your case in
    21        some respect.  Because, if that is what you have in mind,
    22        you have to devise some way of getting the information well
    23        in advance, simply because, whatever your problems are, as
    24        litigants in person without limitless funds, it is not fair
    25        to do it that way.
    26
    27        I am not suggesting you are doing it to be unfair.
    28        I accept for the purpose of what I am saying that it is
    29        just constraints of resources and so on, but the end result
    30        is not fair.
    31
    32   MR. MORRIS:  Yes.  I mean, part of my frustration is that
    33        I cannot actually communicate directly because of the
    34        language barrier.
    35
    36   MR. JUSTICE BELL:  I appreciate that is a difficulty.
    37
    38   MR. RAMPTON:  I have to go through a third person.
    39
    40   MR. JUSTICE BELL:  But, you see, the other side of the coin is,
    41        whatever view I took about Mr. Holm being incontactable in
    42        Norway, first of all, there is the question of Mr. Holm
    43        speaking English, secondly, there is one person in Norway
    44        who is readily identifiable as the person from whom
    45        instructions can be obtained about a variety of matters,
    46        namely, Mr. Holm.
    47
    48        I fear that the same will not be the situation with regard
    49        to franchisees in France.  I think I have to put out of my
    50        mind that there may be constraints on what they can divulge 
    51        to others, because I cannot do anything about French law in 
    52        that respect.  But, if one puts that completely one side 
    53        and ignores that difficulty, I can still see that there
    54        will be all sorts of practical difficulties in getting
    55        further instructions.
    56
    57        So, if one accepts for the moment that what I have said so
    58        far is sensible, the next thing is to decide whether you
    59        want them to come to this country or to have the
    60        translations of their statements read.  Mr. Rampton has not

Prev Next Index