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
    39        references.
    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.

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