Day 116 - 26 Apr 95 - Page 05
1 relevance will appear as I go through Mr. Nicholson's
2 evidence. My Lord, Mrs. Brinley-Codd will hand in a guide
3 as to where those documents should go so Mr. Stiles can
4 deal with them in due course.
5
6 MR. JUSTICE BELL: I would like to say something before you do
7 which I am reminded -- it was on my mind to say but I am
8 reminded -- by the reference to Mr. Campbell. Coming to
9 the question of employment, we are obviously coming into an
10 area where there are a number of Civil Evidence Act
11 witnesses. I would like you, Mr. Rampton and Mr. Morris
12 and Ms. Steel, as you each call your own witnesses or at
13 any convenient time, to draw specifically to my attention
14 each Civil Evidence Act witness upon whom you actually
15 propose to rely.
16
17 It may be in the case of all parties that it will be all
18 the Civil Evidence Act witnesses, but I would like them at
19 least to be mentioned so that they are on the transcript
20 and, if need be, I can make a note, so that I do not omit
21 to register that that witness's statement is actually a
22 part of the evidence in the case.
23
24 At some stage before the evidence finishes, I would like
25 all the parties to make sure that I have made a note of the
26 Civil Evidence Act witnesses upon whom they rely in other
27 compartments of the case. Some I have already noted.
28 Mr. Simmons, for instance, was read and there was the
29 gentleman whose statement on incineration was put in when
30 Dr. Lipsett was called.
31
32 But I am not confident I have a note of others as they have
33 cropped up in the past. The same applies to documents in
34 so far as the documents are tantamount to witness
35 statements.
36
37 MR. RAMPTON: My Lord, we will certainly do that; whether we can
38 do the whole exercise in the near future.
39
40 MR. JUSTICE BELL: I am not asking that. I do not want to go
41 away at the end of the day -- it is obviously a long way
42 away yet -- to write my judgment and completely overlook
43 some witness or important document because it is the
44 subject of a Civil Evidence Act Notice and has not actually
45 been mentioned in open court.
46
47 MR. RAMPTON: My Lord, I certainly will want to be starting to
48 consider the form of my closing speech after the end of
49 July. I would like to be able to put your Lordship in a
50 position to know up to that date, at least, all the
51 material we rely on, in one way or another, which has not
52 been given in oral evidence. I would like to do it then.
53 I would like to do it earlier so far as employment is
54 concerned. I have no doubt there will be quite a lot of
55 gaps in employment evidence between now and the end of
56 July.
57
58 MR. JUSTICE BELL: One way it occurs to me to do, when, for
59 instance, we come back to a topic because there is a loose
60 end witness to be called or recalled, then take stock of
