Day 078 - 26 Jan 95 - Page 17

     
     1        still adhere to your answer?'"  That is the procedure which
     2        you must follow, just as every trained advocate would have
     3        to follow it.
     4
     5        When we come to Mr. North, you can address me again on the
     6        topic.  You can seek a subpoena from me, if you wish.  You
     7        would be well advised, first of all, to see whether the
     8        maker of the document is prepared to come voluntarily
     9        before asking for an order of the court to compel them to
    10        come to court.
    11
    12   MR. MORRIS:  Mr. Rampton says it is doubtful whether he can give
    13        evidence, I heard him say.
    14
    15   MR. RAMPTON:  My Lord, I do say that.
    16
    17   MR. MORRIS:  I do not see why.
    18
    19   MR. JUSTICE BELL:  The proper course is to see whether the
    20        person will come.  If the person will come, you can call
         him or her into the witness box.  If there is a challenge
    22        as to the admissibility of the evidence, I will rule upon
    23        it.  If the person will not come willingly, you can seek a
    24        witness summons or a subpoena and when you call the person
    25        into the witness box, again, if there is an argument, I can
    26        rule upon admissibility.  If it is thought that it is
    27        better that in advance I rule upon admissibility before
    28        bringing the person to court, I will do that, but not
    29        during cross-examination of Mr. Walker.  That can all
    30        happen in good time.
    31
    32   MR. RAMPTON:  My Lord, I mention it now because I would submit
    33        that the gentleman in question, or it may be lady, I know
    34        not, if your Lordship were inclined to rule on it in
    35        advance, could be saved a wasted journey.
    36
    37   MR. JUSTICE BELL:  It may be but not in the course of
    38        Mr. Walker's evidence.  So, I am going to ask Mr. Walker to
    39        come back into the witness box.  If you want to
    40        cross-examine on the basis of that document in this sense,
         with the benefit of what you have read in the document, you
    42        must follow the course which I have suggested to you.
    43        Remind me if I forget, I will ask Mr. Stiles to photocopy
    44        pages 250, 251 and 252 of Phipson and give you each
    45        photocopies of it.  You can read it through, consider it
    46        and look at any of the cases which are referred to in the
    47        footnotes, if you choose, and take advice from anyone who
    48        is prepared to help you in relation to further argument
    49        which arises on this kind of dispute.
    50 
    51   MS. STEEL:   Can this be passed to the witness? 
    52 
    53   MR. MORRIS:  Can we ask the Plaintiffs not to remove Defence
    54        documents from the bundles in future?
    55
    56   MR. RAMPTON:  My Lord, Mr. Morris must -----
    57
    58   MR. MORRIS:  We may want to bring them up and it just does not
    59        help matters at all.
    60