Day 167 - 02 Oct 95 - Page 06

     
     1        Mr. Tindale and then we will take stock at the end of his
     2        evidence where we are on these other matters.
     3
     4        Before I forget, the matter I wanted to say about bundles
     5        is as a result of inserting extra matter in my yellow X,
     6        Plaintiff's Employment Witnesses' statements, at first it
     7        seemed as though I had formed a volume yellow X(A) which
     8        starts with section F, tab 31, which is Mr. Tindale's
     9        statement.  I will come back at 11 o'clock or just after.
    10
    11                         (Short adjournment)
    12
    13   MR. JUSTICE BELL:  I think, on reflection, I will just read
    14        through this now.  I will not make any comment now.
    15        I think we should get on with Mr. Tindale and then come
    16        back to this.  I will hear any argument or representations
    17        about it from either side before Mr. Richards is called
    18        into the witness box.
    19
    20   MR. ATKINSON:  My Lord, going on to Mr. Tindale's evidence, do
         you still want me to read the whole lot out orally of his
    22        statement, or is it better for me simply to either ask him
    23        to read it in the witness box to himself or ask him whether
    24        he has read it recently, which he will have done?
    25
    26   MR. JUSTICE BELL:  You can take whichever course you like in
    27        relation to this, Mr. Atkinson.
    28
    29   MR. ATKINSON:  Thank you.  If I can call Mr. Tindale?
    30
    31   MR. MORRIS:  Can I say, it will be helpful if it is read out
    32        just in case the statements are different from the ones, as
    33        we have had that a few times.  At least we know what is
    34        being averred.
    35
    36   MR. JUSTICE BELL:  It is only about a page and a bit long, is it
    37        not?
    38
    39   MR. ATKINSON:  Yes, this one is, but Mr. Richards is
    40        considerably longer.
    41
    42   MR. JUSTICE BELL:  Mr. Richards, yes.  I thought you were asking
    43        about Mr. Tindale.
    44
    45   MR. ATKINSON:  I was thinking generally about what your Lordship
    46        wanted me to do because I will be going through a number of
    47        witnesses, some of whose statements are quite long.
    48
    49   MR. JUSTICE BELL:  I think you should follow whichever course
    50        you wish, but what I suggest is, if you think you may want 
    51        to take the shortest course of all which is just to say, 
    52        has the witness read his or her statement and is it true, 
    53        then decide that some time in advance and make sure that
    54        Ms. Steel and Mr. Morris have a photocopy of his statement
    55        you are actually going to put, so they can check with
    56        theirs whether it is the same or not.
    57
    58   MR. ATKINSON:   I will do that.
    59
    60   MR. JUSTICE BELL:  Perhaps the day before anyway, if you give a