Day 173 - 16 Oct 95 - Page 03

     1        bundle II, I think it is, maybe one of the ones A, B, C;
     2        I will look it up later.
     4        What I did want to say is, I think we should deal-- sooner
     5        rather than later but, in any event, after Mr. Mehigan has
     6        given evidence -- with any question of leave to call
     7        witnesses whose statements have been served recently,
     8        particularly, for instance, Mr. Beech's statement as read.
     9        I think it might be helpful if I say I would be minded to
    10        give leave in relation to Mr. Beech, subject to any
    11        objection -- unless you object to it, Mr. Rampton.
    13   MR. RAMPTON:  My Lord, my only objection could ever be, I think,
    14        that I am not in a position to deal with it.
    16   MR. JUSTICE BELL: I will hear anything you wish to say about
    17        that when you have made enquiries.  But I think we ought to
    18        expressly deal with witness statements like that, so that
    19        everybody one knows where they stand.
    21   MR. MORRIS:  We have not objected to the Plaintiffs not bringing
    22        in their Canadian witness statements even though they have
    23        finished virtually their whole case, or they have finished
    24        their case, other than Mr. Mehigan.  So I do not think they
    25        should, in that spirit of co-operation, object to ours
    26        before we have even started our case.
    28   MR. JUSTICE BELL: Different arguments may apply to different
    29        witnesses, but I am not drawing any conclusion one way or
    30        other at the moment.  You will remember, I am sure everyone
    31        will remember, that a little time ago when -- I cannot
    32        remember who had handed the statement in at the time, but
    33        I said that it was not to be assumed that leave would be
    34        given just because I had accepted the statement.  I cannot
    35        remember now whether it was one of your statements,
    36        Mr. Morris, or a McDonald's one.
    38   MR. MORRIS:  Yes; and, also, the Plaintiffs did bring in a lot
    39        of statements in in August, which is towards the end of
    40        their -----
    42   MR. JUSTICE BELL: What both sides should do is think about
    43        whether they are actually going to object to a statement
    44        which has been put in, for instance, on the ground that it
    45        is now too late to go hunting for an antidote.  But there
    46        we are.  I wanted to register it this morning, since I have
    47        read Mr. Beech's statement over the weekend.
    49   MR. RAMPTON:  My Lord, Mr. Mehigan is here.  Before I call
    50        him ----- 
    52   MS. STEEL:   I do not know what Mr. Rampton is going to say, but 
    53        I was just going to say, firstly, we have only just been
    54        given the copy of the statement to check when we came in
    55        this morning, and I do believe that you did say previously,
    56        when this was brought up, they should give us the statement
    57        a number of days beforehand so that we could check them.
    58        Secondly, a series of documents were served on us at 7.15
    59        on Friday night, which was too late for us to send them to
    60        Ireland to get copies of them -- sorry, to get copies to

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