Day 194 - 01 Dec 95 - Page 25

     
     1   MR. MORRIS:  I understand that if they are given leave, it would
     2        apply to the new matter which, effectively, the new matter
     3        is the higher levels of whether Mr. Coton was pressurised
     4        at the higher levels.  I mean, we are not happy with it,
     5        but if that is what the matter is, then I suppose we could
     6        call Mr. Coton on Wednesday -- or maybe we should have
     7        Mr. Davis or Mr. Stanton come in next week instead, and
     8        then Mr. Coton could be heard afterwards or something?
     9
    10        I do not know if the Plaintiffs could be asked whether that
    11        would be a possibility, that -----
    12
    13   MR. JUSTICE BELL:  No, I am not concerned with that.  I want to
    14        go on to Colchester next.  At the moment, you have a very
    15        uphill task persuading me that Mr. Coton should not be
    16        heard next week.  The question of leave for further
    17        McDonald's witnesses or recall of them is another matter
    18        which I will deal with in due course.  But do say anything
    19        more which you want to.
    20
    MS. STEEL:  I do not know.  I am extremely unhappy for Mr. Coton
    22        to give evidence before we have even seen the statements of
    23        the witnesses who the Plaintiffs are intending to call,
    24        because all it is going to mean is that we have to recall
    25        him to rebut something that we have had absolutely no prior
    26        knowledge that it was coming.  You know, we do not know
    27        what they are going to say, and we cannot afford to keep
    28        bringing witnesses back.  Personally, I think it would be
    29        better to call Mr. Cranna on Thursday and leave Mr. Coton
    30        until the New Year.
    31
    32   MR. MORRIS:  Can the Plaintiffs be asked, though, if Mr. Stanton
    33        or Mr. Davis wants to rebut the new matters that come in?
    34
    35   MR. JUSTICE BELL:  I do not know.  For all I know, the
    36        Colchester evidence will finish next week, and there will
    37        be no more of it.
    38
    39   MS. STEEL:   There are still the two Harrisons anyway.
    40
    MR. JUSTICE BELL:  Yes, that is quite right, but subject to
    42        them, I mean, is there anything more you wanted to say?
    43
    44   MS. STEEL:   There was another thing that I think is relevant,
    45        which is that Mr. Coton's statement was disclosed, I cannot
    46        remember when it was, but it was over a month ago.  I do
    47        not know where the Plaintiffs found these documents -- they
    48        have not said -- but I do not know why they were only
    49        disclosed yesterday which gives us virtually no time to
    50        send them up to Mr. Coton for his comments, and take 
    51        instructions from him.  It certainly gives us no time if we 
    52        want to bring in any new matters as a result of what is in 
    53        them, giving the required five days notice.  Additionally,
    54        I am concerned about where they were found because -----
    55
    56   MR. JUSTICE BELL:  Just to help you, rather than put you out of
    57        your stride, that might be a very good reason why I should
    58        waive the five days notice.  Where is Mr. Coton?
    59
    60   MR. MORRIS:  He lives in Colchester.