Day 117 - 27 Apr 95 - Page 31


     
     1        one of the things.
     2
     3        The other thing, there will, of course, be a witness
     4        statement or statements setting out -- this is the scheme
     5        we propose for it -- seriatim by reference to her
     6        transcript allegations which Ms. Hovi made and dealing with
     7        them one by one.
     8
     9   MR. JUSTICE BELL:  Yes.  What I would like is as hard as
    10        possible an estimate given early next week of when the
    11        statements will actually be served.  Did you mean to say
    12        that what appears in the statement will be related to the
    13        transcripts so that one can, for instance, look at the
    14        transcript?  That would be extremely helpful.
    15
    16   MR. RAMPTON:  That is the way we thought.
    17
    18   MR. JUSTICE BELL:  Both so that everyone can find the place in
    19        the transcript, but if there is any argument as to whether
    20        what they are dealing with are matters of which you had
    21        implicit notice beforehand, I do not know whether that will
    22        be contended, but if it were, one could immediately
    23        register that.  If there is anything in the statements
    24        which you think, quite candidly, is not really rebuttal
    25        but, as it were, fresh evidence in relation to a ball which
    26        was always in the air, I would like you to tell me that,
    27        Mr. Rampton.
    28
    29   MR. RAMPTON:  I will tell your Lordship, of course.  In fact,
    30        what I would do, I hope in the end and Mrs. Brinley-Codd is
    31        going to do it herself -- it is time consuming -- is to
    32        adhere strictly to her transcript for what we conceive to
    33        be new allegations.  Then if there is anything by way of
    34        amplification of a ball, as your Lordship said, that was
    35        already in play, that would be apparent because it would
    36        not then be related; it would be in a different part of the
    37        statement.  Of course, I would do that.  So, the statement
    38        will refer to the transcript and to the new plan.
    39
    40   MR. JUSTICE BELL:  I am not going to invite you to say anything
    41        about that now because the first step is to wait and see
    42        what the statements contain.
    43
    44   MR. RAMPTON:  My Lord, the next thing is the question of the
    45        Defendants' employment witnesses.  On 6th March your
    46        Lordship indicated the Defendants should have two weeks to
    47        send out that letter which we produced.  It was indicated
    48        in that letter that the respondents should respond within
    49        14 days.  On 17th March your Lordship gave them a further
    50        reminder about the letter.  By 3rd April it is arguable, at 
    51        least, if they were going to respond they would have 
    52        responded. 
    53
    54        We are now 27th, yesterday was 26th, which is some
    55        nine-and-a-half weeks since the process started.  We have
    56        had seven responses, one negative, from what must have been
    57        something like 40 letters.  My Lord, I am not criticising
    58        the Defendants for that at all.  I am concerned about it
    59        for two reasons, as your Lordship knows.  I am now going to
    60        make, if I may, a submission.  I hope your Lordship will

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