Day 001 - 28 Jun 94 - Page 63
1 set of the -- it is the solicitors' office set of the new
trial bundles. If it would help, I am not offering to
2 copy any documents or produce any new sets, what I am
instructed to offer is that the defendants should be
3 allowed to use the solicitors' office set which is the
same as these.
4
MR. JUSTICE BELL: To have that at home you mean?
5
MR. RAMPTON: Yes. I do not mean come to the office and use
6 them. I do not think that would suit anybody. That might
help.
7
MR. MORRIS: That would help certainly for one of us, anyway,
8 because we are independent. That would be helpful. If
possible we want to be able to cross-examine a witness
9 straight after they have spoken. I know there is
provision for calling people back, but I would have
10 thought it would be better to start on Friday with
Mr. Preston.
11
MR. JUSTICE BELL: What we are contemplating in this case is
12 you not interposing someone else, but having a bit of a
break before you cross-examine Mr. Preston if you still
13 need to get your papers in order. But would the problem
be removed if you have, at least between the two of you,
14 not only whatever you have at home now but one set which
is in the same form as the set in court? You must
15 understand my position. I have to do fairness by both
parties. I cannot just agree what is convenient to
16 McDonald's as far as calling a witness is concerned and
I cannot just agree what is convenient for you in other
17 respects. I have to do fairness between both sides.
18 MR. MORRIS: I propose Mr. Preston come on Friday morning. His
evidence I suppose -- we will leave it to your guidance
19 really. We did indicate there are problems with the trial
bundles. It would help to have extra sets for one of us.
20 I also point out that the blue files which the plaintiffs
said they would copy together with that set have not been
21 completed yet -- unless you have them in the boxes -- you
have them, that is good. I think this is something we
22 want to get sorted out at the beginning of the trial
rather than it become a festering sore during the trial.
23
MR. JUSTICE BELL: Mr. Rampton, I very much have in mind that
24 although one wants to get on with the case and although
there is a limit to which the timing of witnesses can be
25 interfered with without inconvenience, my experience in
the past of similar situations when one side does not have
26 its documents in order, is that one ends up with far much
more time lost than one is attempted to say. What can we
27 do to solve this problem? It is no use having
recriminations about whether it ought to have been done by
28 now or not. One has to face the problem.
29 MR. RAMPTON: I cannot help feeling a certain lack of sympathy
for the defendants, I have to say.
30
MR. JUSTICE BELL: I am not asking to you be sympathetic to
