Day 181 - 01 Nov 95 - Page 62


     
     1        someone is abroad, particularly.
     2
     3   MR. JUSTICE BELL:  I appreciate that but the bottom line may be
     4        that you call evidence tomorrow from Mr. Jenssen as it is
     5        disclosed in his statement, that you finish there, there is
     6        cross-examination there and that if you want to adduce
     7        further evidence from Mr. Jenssen, you have to give notice
     8        of it and Mr. Jenssen has to come back, or it is done by
     9        Civil Evidence Act Notice.
    10
    11   MS. STEEL:  Can I just ask ---
    12
    13   MR. JUSTICE BELL:  Yes.
    14
    15   MS. STEEL:   -- would this not be comparable to a situation
    16        where the Plaintiffs have called extra evidence to what was
    17        originally in their statements, if the Plaintiffs who have
    18        got a Civil Evidence Act witness, so it is not somebody who
    19        has already been, and they can just make a statement
    20        rebutting whatever Mr. Jenssen says, if they so choose, and
    21        in terms of cross-examination that is exactly the same
    22        position that we have been left in when the Plaintiffs have
    23        not given us any notice of what their witnesses are going
    24        to say.
    25
    26   MR. JUSTICE BELL:  I do not think it is because -- I think you
    27        have a copy -- you must read my ruling again which I made
    28        the other day.  I heard some argument about this then.  I
    29        have made a ruling.  That remains a ruling.  It is not
    30        subject to reargument.
    31
    32   MS. STEEL:  I just think that the circumstances are different in
    33        this case.  I do understand what have you said on previous
    34        occasions.
    35
    36   MR. JUSTICE BELL:  I am not prejudging the matter, because if
    37        Mr. Morris comes back in the morning, he may come back in
    38        the morning and say there are no further things he wants to
    39        ask Mr. Jenssen.  He may come back in the morning with a
    40        sheet of paper with some further things he wants to ask
    41        Mr. Jenssen which cause no difficulty to those representing
    42        McDonald's.
    43
    44        Mr. Morris may come back in the morning with a sheet of
    45        paper which has a whole lot of new things on, as a result
    46        of which, the extent of which is such that I feel
    47        constrained to say:  "Call Mr. Jenssen on what is in his
    48        statement and we will have to deal with the other matters,
    49        if I give leave, in the future".
    50 
    51        But I am abiding by my ruling.  I am prepared to look at 
    52        the matter in the morning in the light of any further 
    53        information, if there is any, as to what extra matters
    54        Mr. Jenssen is going to dealt with.
    55
    56   MS. STEEL:   Since the Plaintiffs have not already called a
    57        witness on this, I think it would be fair if we were
    58        treated in the same way as they have been treated in being
    59        allowed to give evidence on matters for which they have not
    60        given any notice and suddenly bring new documents out as

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