Day 088 - 13 Feb 95 - Page 85


     
     1
     2   MR. JUSTICE BELL:  I thought you, in fact, volunteered that.
     3
     4   MR. RAMPTON:  I did, but there may come a time -- this is going
     5        to be my third point -- when I shall urge your Lordship
     6        once again to allow us to call rebutting evidence instead
     7        of calling our evidence first, but not in that particular
     8        case because we have a perfectly understandable -- I mean
     9        it is comprehensible -- statement from a person who is,
    10        apparently, going to be called as a witness.  Therefore,
    11        she should go first, sorry, we should go first and she
    12        should follow, which would mean one would not get to that
    13        evidence until sometime after 27th March.
    14
    15        It does have this convenience:  It means that if your
    16        Lordship was agreeable to that, then it does mean that 8th,
    17        9th and 10th March are now free, or 9th and 10th and may be
    18        Mr. Bowes could come back to be finished then.
    19
    20   MR. MORRIS:  I do not understand exactly the situation.  I would
    21        have thought it was up to the Plaintiffs to decide what
    22        witness they want rather than Jarrets.  It is not Jarrets
    23        that is calling a witness.  Our other witnesses may wish to
    24        comment on the evidence from Jarrets, not only Ms. Hovey.
    25
    26   MR. JUSTICE BELL:  When was Ms. Hovey's statement served?
    27
    28   MR. MORRIS:  It was the middle of December some stage,
    29        20th December.  I think the Plaintiffs were ordered, was
    30        that, I think by yourself to have a statement by 21st of
    31        this month.
    32
    33   MR. RAMPTON:  That is right, but I said I would come back to
    34        your Lordship if there was a difficulty and there is, so
    35        I am doing that.
    36
    37   MR. MORRIS:  The statement is dated December 4th.  We may have
    38        served it a few days later than that.  I cannot remember
    39        the exact date.
    40
    41   MR. JUSTICE BELL:  It was before Christmas anyway, was it not?
    42
    43   MR. MORRIS:  Well before Christmas.  We are also concerned, I am
    44        not quite sure about calling an expert is qualitatively
    45        different than calling a witness of fact.  An expert would
    46        not be able to know what the situation was at the time of
    47        Ms. Hovey's employment so he would not really be able to or
    48        she would not be able to -----
    49
    50   MR. JUSTICE BELL:  When you have Ms Hovey in for the moment 
    51        because you were asked to pencil in the boxes from Monday, 
    52        20th March onwards? 
    53
    54   MR. MORRIS:  We have not filled them in yet.  We were going to
    55        do that at half term but in any case we thought there may
    56        be some overlap because we thought that some of the
    57        Plaintiffs' witnesses may go over, so we wanted to leave
    58        that until half term before we put down a list, but she
    59        could be called at any period.
    60

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