Day 194 - 01 Dec 95 - Page 27

     
     1        our witnesses, Mr. Alimi and Mr. Coton.  In fact, Mr. Coton
     2        is most important in this respect.
     3
     4        So, I think they should be either given a deadline for a
     5        full statement or be asked to get a basic skeleton down
     6        unsigned which can be served on us certainly by the end of
     7        the weekend.  Then we have time to talk to our witnesses
     8        about it.  That can be done over the phone.
     9
    10   MR. JUSTICE BELL:  Is there anything else you want to say?
    11
    12   MR. MORRIS:  No, that is it.
    13
    14   MR. JUSTICE BELL:  I propose to give a ruling on the matters
    15        which have arisen.
    16
    17             (For ruling, please see separate transcript)
    18
    19   MS. STEEL:  Can I ask that the Plaintiffs at least be asked to
    20        make an effort -- they have, I presume, the afternoon
         unless it was planned to do some legal work this afternoon,
    22        but they have at least this afternoon -- to make enquiries
    23        of their witnesses who they are thinking of calling about
    24        what parts of Mr. Coton's evidence they are intending to
    25        rebut, and that they make a note of that and notify us of
    26        that as soon as possible so that we can ask Mr. Coton about
    27        that before he goes into the witness box which, apart from
    28        the cost of recalling him, if that becomes necessary, it
    29        also saves court time if we do not have to recall him.  We
    30        have been asked to do that on previous occasions and with
    31        all the resources at the Plaintiffs' disposal, plus the
    32        number of people that they have working for them, I am
    33        quite sure that it is within their capability to make those
    34        sort of enquiries and give us some sort of note about what
    35        they are going to be disputing when they call their
    36        witnesses, if they call them.
    37
    38        Thank you.
    39
    40   MR. JUSTICE BELL:  Yes.  Do you want to say anything about that,
         Mr. Rampton?
    42
    43   MR. RAMPTON:  No, my Lord.  Obviously, we have already foreseen
    44        this.  We think it only right, and Mrs. Brinley-Codd and
    45        I have already made this decision, that if and in so far as
    46        we are able to notify the Defendants of what the rebuttal
    47        is we should do it before Mr. Coton is called.  It is
    48        fairer to him and it, very likely, will save some or may
    49        save some court time.  I cannot guarantee that it will be
    50        in the form of a witness statement, and I certainly would 
    51        put the strongest caution on the Defendants assuming that 
    52        any note they get from us will, necessarily, reflect what 
    53        any future witness may or may not say, and it should not be
    54        taken by them as a forecast in that sense.  So they should
    55        not, as it were, think that they can then cross-examine the
    56        witness on the basis that what was in the note is different
    57        from what the witness says when, eventually, the witness
    58        (if he does) comes to give evidence in court.
    59
    60        Subject to that caution, we think it is right that we send