Day 119 - 02 May 95 - Page 25

     
     1        A.  Yes.
     2
     3   MR. JUSTICE BELL:  -- that word was not used but that was the
     4        theme behind the question.
     5
     6        Do you want to break off now and see if there is anything
     7        more on the video we saw?
     8
     9   MR. MORRIS:  I think that is about it.  One thing is that we
    10        would like to put a Civil Evidence Act Notice on the
    11        film.  I do not know exactly how you do it with a film --
    12        we had this before -- because obviously this is a film
    13        filmed in McDonald's.
    14
    15   MR. JUSTICE BELL:  I think you had better go away and think
    16        about that because you could devise a Civil Evidence Act
    17        Notice -- it is rather when we were talking about the Latin
    18        American, was it "Jungle Burger", the bits from that with
    19        the people in white coats and so on.
    20
    MR. MORRIS:  Yes.
    22
    23   MR. JUSTICE BELL:  This is not a final view of mine because if
    24        you go away and get some advice on it or do some looking up
    25        yourself, you may want to argue that what I am about to say
    26        is not right but, subject to any further argument, what you
    27        are really doing is identifying things as best you can,
    28        that someone whom you identified in the film said, on
    29        approximate date, to whoever it was -- you might just say
    30        an interviewer for the purposes of the film -- and then
    31        what you want to have in under the Civil Evidence Act, and
    32        you can identify it by pages on the transcript.
    33
    34        If I take an example, the person who said that they worked
    35        six or eight premium hours and only got paid one -- I am
    36        only taking that as an example -- or worked 80 or 90 hours
    37        in a week and only got paid for 80, you have to appreciate
    38        you may then get a counter-notice.
    39
    40        I suggest, in any event, since we are raising the topic,
         that you look at the provisions of the Civil Evidence Act
    42        and the rules made under it again.  If you want to borrow
    43        my Phipson for a day or so, you certainly can do that,
    44        because, for instance, someone being dead or unable through
    45        ill-health to attend, there are about four bases upon which
    46        you can ----
    47
    48   MR. MORRIS:  If someone -----
    49
    50   MR. JUSTICE BELL:  Just listen to me first of all because 
    51        relevant to this, you can give a notice and not be 
    52        concerned about a counter-notice.  Another is that you have 
    53        been unable, even though the person may be in the UK you
    54        cannot prove that he is abroad, to trace them but then you
    55        have to show that you have made some decent efforts to find
    56        them.
    57
    58        I will say only this, you may be in some considerable
    59        difficulty with that if you are beginning to look for them
    60        for the first time during the trial, perhaps seven years