Day 030 - 03 Oct 94 - Page 03
1 later, especially if there is a witness waiting to be
2 called today. Certainly we have a schedule of witnesses
3 for the next few days. I do not think it will matter if
4 we put it over until we have a gap in our schedule to
5 argue about it.
7 MS. STEEL: On behalf of both of us, we both object very
8 strongly to this changing of the statement of claim at
9 this stage.
11 MR. JUSTICE BELL: Do not say anything more now.
13 MS. STEEL: We want time to be able to get legal advice.
15 MR. JUSTICE BELL: Yes.
17 MR. RAMPTON: My Lord, the next matter does directly affect the
18 two witnesses to be called next by the Defendants,
19 Mr. Cannon and Professor Crawford. At 5.30, I think it
20 was, maybe 25 to 6, on Friday evening there were delivered
21 to my solicitors' offices two new statements -- I do not
22 call them supplementary; I call them new statements -- by
23 Mr. Cannon and by Professor Crawford. Your Lordship will
24 not have seen those.
26 MR. JUSTICE BELL: What I had faxed to me yesterday (and I got
27 it this morning) is a fax of a letter of Mr. Morris'. It
28 has a carbon copy to Barlows which encloses a
29 supplementary statement which I see I have a further copy
30 of here ---
32 MR. RAMPTON: Yes, that is Mr. Cannon.
34 MR. JUSTICE BELL: -- which I have read. It refers to a number
35 of references; it also gives references to Mr. Cannon's
36 book. I have read the first four of those, but could not
37 get any further before I came into court this morning.
38 I have some more papers here. Those are Mr. Cannon's
41 MR. RAMPTON: There are Mr. Cannon's references which are about
42 four or five, maybe six -- his statement runs to six
43 pages. Your Lordship remembers his original statement was
44 about two pages.
46 MR. JUSTICE BELL: Yes.
48 MR. RAMPTON: Then there is a new statement, even more perhaps
49 important, though I do not say the new statement of
50 Mr. Cannon is not important at all, but Professor Crawford
51 has written a new statement. Your Lordship will notice in
52 passing that Mr. Cannon's statement is dated 27th
53 September which is last Tuesday. One asks the question:
54 Why we did not get it last Tuesday instead of at 5.30 on
55 Friday? That has some consequences to which I will come
56 in a moment.
58 MR. MORRIS: We got it on Friday about half past 3, 4 o'clock
59 and we took it straight to the Plaintiffs.