Day 103 - 14 Mar 95 - Page 04

     
     1        parties to the action.
     2
     3        But very different considerations may arise between the
     4        situation where you are saying that someone who is already
     5        a party to the dispute should give discovery of documents
     6        which are in their possession, custody or power to start
     7        making orders to people who are not actually parties to the
     8        proceedings to produce documents of theirs -- do you
     9        understand -- for fairly obvious reasons.
    10
    11        So, it might very well be a situation of waiting to see
    12        what Mr. Bennett and Miss Hovey say before I began to even
    13        contemplate making orders to people who are not parties to
    14        the suit under the relevant provisions, to compel them to
    15        come to court and to compel them to bring certain documents
    16        with them.  But I suggest you look at that provision.  If
    17        you have not got a copy, ask Mr. Riley if he will when we
    18        rise this evening -- you can certainly borrow my copies of
    19        the White Book.   I will not need them overnight.  It is
    20        the 1995 one.  For the moment let us get on with
         Dr. Pattison.
    22
    23   MR. RAMPTON:  I should mention in relation to Dr. Pattison what
    24        it is that, unless he is ordered to be here, prevents him
    25        from being here tomorrow.  He is participating -----
    26
    27   MR. JUSTICE BELL:  Yes, I do not need any further explanation of
    28        that.  I am happy to accept that he has something important
    29        for him to do tomorrow morning.
    30
    31   MR. RAMPTON:  Very well, my Lord.  It was something your
    32        Lordship said yesterday, that is all, that prompted me to
    33        find out more detail.
    34
    35   MR. JUSTICE BELL:  I am not rebuffing you.  I perhaps did not
    36        make it clear that I accept he cannot come tomorrow.
    37        I wanted enquiries made as to Thursday, Friday or Monday,
    38        so far he is concerned, and Monday so far as Mr. Bennett
    39        was concerned or, rather, I invited enquiries.
    40
    MR. RAMPTON:  I made enquiries not of Mr. Bennett yet but
    42        perhaps that could be left over for the moment.  Now we
    43        know we have Friday afternoon as well, that is perhaps not
    44        a problem.  Dr. Pattison's problem is that he is on holiday
    45        from Monday.  He can come back on 7th April which is the
    46        last day of the week.
    47
    48   MR. JUSTICE BELL:  You see, what occurs to me is a way of
    49        dealing with the matter might be we go on -- how long will
    50        Mr. Bennett take in-chief do you think? 
    51 
    52   MR. RAMPTON:  Certainly not the whole of the morning -- less, 
    53        I would guess.
    54
    55   MR. JUSTICE BELL:  If we have not finished at the end of this
    56        afternoon, we will see how much longer to go.  Could you
    57        come back on either Thursday or Friday, Mr. Pattison?  Do
    58        you know your position then?
    59
    60   THE WITNESS:  Yes, I do.  Friday, I am afraid, is impossible