Day 194 - 01 Dec 95 - Page 22

     
     1        misunderstandings as to whether you are allowed to call
     2        someone or not.
     3
     4   MR. MORRIS:  Mr. Rampton has just invented this thing about him
     5        not being given leave because he is trying to -----
     6
     7   MR. JUSTICE BELL:  You have not actually asked for it, have
     8        you?  All I am saying is do not worry about it -- just
     9        listen to me when I am talking to you ---
    10
    11   MR. MORRIS:  Yes.
    12
    13   MR. JUSTICE BELL:  -- you need not worry about it because when
    14        I give a short judgment in a moment on these conflicting
    15        applications, I am going to give you leave, but if you
    16        serve a statement -- remember, for instance, I have not
    17        dealt with Mr. Beach at Heathrow for the moment -- bear in
    18        mind that I do think that both sides need leave to call the
    19        witnesses, and at some appropriate stage you must ask for
    20        it sooner rather than later so everyone knows what the
         position is.
    22
    23   MR. MORRIS:  Right.
    24
    25   MS. STEEL:  I do not know.  I mean, maybe you did not
    26        specifically formally give leave, but I do remember you
    27        saying something about you ------
    28
    29   MR. JUSTICE BELL:  I gave an indication in relation to Mr. Coton
    30        that my inclination was to want to hear him.  I said
    31        exactly the same thing with regard to Mr. Beach, but all I
    32        am asking is bear it in mind because otherwise we have an
    33        argument such as we are having now as to whether leave was
    34        given, what people's understandings were.  If I am asked to
    35        rule on a matter and I rule, there can be no doubt about
    36        it.
    37
    38   MR. RAMPTON:  My Lord, can I just say this, if I were not as
    39        experienced as I am, I might be rather cross at his
    40        remarks.  What, in fact, happened was this, when the first
         statement was served, which was on 26th October, I said it
    42        would not do.  Your Lordship said:  "All I will say at the
    43        moment is, in principle, I would be minded to give leave to
    44        call Mr. Coton", and then your Lordship encouraged me to
    45        serve the request.  I said that unless the particulars were
    46        given in sufficient time, I would maintain my objection to
    47        the witness being called.  I now withdraw that objection
    48        because I have been given the particulars.  All I have
    49        asked your Lordship to do is give me a opportunity to deal
    50        with what he now says. 
    51 
    52   MR. MORRIS:  Mr. Coton's original statement and his 
    53        supplementary statement basically said this, and only this:
    54         "I verify that all our previous witnesses" -- that they
    55        are matters that as far as it relates to his personal
    56        experience or knowledge, he basically verified their
    57        statements.  The Plaintiffs chose, one could even say
    58        pressurised us, to demand a great deal of further and
    59        better particulars which, being the kind of co-operative
    60        kind of people that we are, we put to our witness and