Day 205 - 17 Jan 96 - Page 55


     
     1        is able to speak about all or almost all of the people who
     2        are named in Mr. Morris' two sheets of paper.  He deals
     3        seriatim with the allegations made in relation to those
     4        people.
     5
     6        So, my Lord, if I do have to apply formally for leave, I do
     7        it.  I say this, if I need to, that if Mr. Logan's
     8        statement contains the kind of particularity which, in our
     9        submission, it ought to have been at the time when it was
    10        served, then, of course, these statements would have been
    11        obtained at that time.  That is the reason why they come
    12        now rather than back in July 1993.
    13
    14   MS. STEEL:   If I could just say something which I do not think
    15        is going to particularly change the course of the argument,
    16        but Mr. Rampton said that this has only come about because
    17        they objected to there was no particularity in the
    18        statement of 1993, and that you agreed with that, as
    19        I recollect it, actually Mr. Morris got another statement
    20        in September or August of last year.  It was for that
    21        reason that the Plaintiffs decided they wanted to call
    22        witnesses rather than it being something that there was no
    23        particularity in that statement.
    24
    25   MR. RAMPTON:   I must say that is not what I recollect.
    26
    27   MR. JUSTICE BELL:  I do not think it matters, because I think I
    28        will have a better prospect of getting to the truth of the
    29        events in Bath if I give leave for the Defendants to adduce
    30        the additional evidence intimated in Mr. Morris' additional
    31        notes and what he said in court at the time.  You will have
    32        leave to call Hendon, Cox and Perrett as well.
    33
    34   MR. RAMPTON:   I am grateful to your Lordship.
    35
    36   MR. JUSTICE BELL:  So I give leave in all those respects.
    37
    38   MR. RAMPTON:   Similar considerations apply to Heathrow.
    39
    40   MR. JUSTICE BELL:  Did I actually give leave in relation to
    41        Mr. Beech or did I merely indicate that I was minded to do
    42        so?
    43
    44   MR. RAMPTON:   Your Lordship has not heard that application on
    45        either side.
    46
    47   MR. MORRIS:  That is not true.  My recollection is that it kept
    48        coming up on the schedule.  It kept being said that no
    49        official leave had been given yet.  I think the last time
    50        it came up before Christmas you actually said:  "I do give 
    51        leave for Mr. Beech".  Then you intimated to the Plaintiffs 
    52        that they should not need to call more than, say, one 
    53        person to deal with Mr. Beech which is something that you
    54        said.  But I think they are calling four.  It might be
    55        five, I am not sure.  I have not actually had a chance to
    56        read those yet either so.
    57
    58   MR. RAMPTON:   Mrs. Brinley-Codd is actually going to look and
    59        find what your Lordship did say.  Mr. Morris' account does
    60        not accord with my recollection.  I do know that your

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