Day 097 - 06 Mar 95 - Page 17


     
     1        privilege of being young.
     2
     3   MR. MORRIS:  I think I have spoken to virtually every one
     4        because I actually organised the situation.  If I can say
     5        something, I think the Plaintiffs are trying to paint a
     6        certain picture.  I think it would be helpful if that was
     7        balanced or countered with the fact that the Plaintiffs
     8        have decided to sue over ------
     9
    10   MR. JUSTICE BELL:  At the moment I am not concerned about -- I
    11        will be entirely candid, I am concerned about the public
    12        interest.  If employment witnesses took to the end of the
    13        summer term, when would the evidence finish altogether, and
    14        we had the whole of the long vacation ---
    15
    16   MR. RAMPTON:  Our calculation -----
    17
    18   MR. JUSTICE BELL:  -- off?  When I say "off", I mean not in
    19        court.
    20
    21   MR. RAMPTON:  The Defendants' employment witnesses will not then
    22        start until 3rd October.  It is not then that the  ------
    23
    24   MR. JUSTICE BELL:  I thought -- so it will take the whole summer
    25        for your employment witnesses?
    26
    27   MR. RAMPTON:  Yes, it will.  Starting, assuming we do, on 26th
    28        April, there are some general witnesses -- for example, at
    29        the moment I have Mr. Nicholson down for two weeks, not
    30        because I shall ask him questions for more than about a day
    31        and a bit, but one has seen what has happened and so one
    32        has to give him that -----
    33
    34   MR. JUSTICE BELL:  That is just not acceptable.  I will have to
    35        put time limits on evidence-in-chief and cross-examination
    36        if it is suggested it will take 15 weeks to do one section.
    37
    38   MR. RAMPTON:  Your Lordship has noticed the amount of time that
    39        I spend in-chief.  It is not that that takes the time, nor
    40        is it my own cross-examination.
    41
    42   MR. JUSTICE BELL:  But, I mean, the limits may well be
    43        acceptable to the Defendants.  They may certainly not need
    44        two weeks to cross-examine Mr. Nicholson.
    45
    46   MR. RAMPTON:  I cannot say, my Lord.  I am entirely in your
    47        Lordship's hands.  This is based on bitter experience, as
    48        I said earlier.  One saw that Dr. Gomez Gonzalez was,
    49        I think, nine days in the witness box.  He covered a lot of
    50        ground but then so does Mr. Nicholson.  He is, in a sense, 
    51        a witness on publication as well as on employment.  I would 
    52        be delighted (and I have no doubt Mr. Nicholson would) if 
    53        he was over in five days which may be about the right sort
    54        of time in normal circumstances for him to give evidence,
    55        but this is the problem we face.
    56
    57        We have tried to do it realistically, having regards to the
    58        way in which the cross-examination has been conducted by
    59        the Defendants in this case so far.  Now that we are in
    60        chambers I can say that I have sat here thinking sometimes

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