Day 196 - 06 Dec 95 - Page 02
1 Wednesday, 6th December 1995.
3 MR. MORRIS: As you probably realise, we have had an
4 overwhelming amount of information served very recently
5 relating to the Colchester store, and I have not read it
6 all myself yet. In particular, I have not read any of the
7 Mark Davis performance reviews and I have barely looked at
8 the statements that were served last night and this
9 morning. We have not taken instructions on that, but what
10 I propose is that we get on with things today, if that is
11 possible. I do not know whether we will be allowed to talk
12 to the witness, maybe, after court today or maybe for half
13 an hour tomorrow morning, just to go through the statements
14 that were served and Mark Davis' performance reviews,
15 because we only had those literally in the last 12, 15
16 hours or something, 18 hours.
18 MR. JUSTICE BELL: Yes. Would you have any objection to
19 Ms. Steel and Mr. Morris talking to Mr. Coton?
21 MR. RAMPTON: None at all, my Lord, so long as I have not
22 started cross-examining. Once I have I would object most
23 strongly, but I have no objection to that. The reasons for
24 why these things have come late one need not go into. The
25 fact is they were served only yesterday, perhaps only
26 yesterday, and one I think this morning. So I really do
27 not object to that.
29 MR. JUSTICE BELL: What I suggest you do is call Mr. Coton now.
30 In the light of the relatively recent service of
31 documentation both from Mr. Coton's file and from Mr. Davis
32 and the indication of matters which might be dealt with by
33 three possible further witnesses on behalf of McDonald's,
34 I am not going to restrict you in any way as to the way you
35 take Mr. Coton through his evidence-in-chief. In so far as
36 you want to read out part of his statement and ask him if
37 it is true, certainly do that, but otherwise just take him,
38 as the witnesses have been taken in the past, through the
39 matters you want him to speak of.
41 MR. MORRIS: Yes.
43 MR. JUSTICE BELL: If we can finish his evidence-in-chief,
44 subject to anything which occurs to you overnight, this
45 afternoon well and good. If we reach that stage we will
46 break off then, and I will not invite Mr. Rampton to
47 cross-examine until tomorrow and we can take stock of where
48 we are, if we get to that stage, around 4 o'clock this
51 I do not think you need worry too much about the
52 information in the three documents which are indications of
53 what further McDonald's witnesses might say, because
54 Mr. Rampton is under a duty to put those matters. You will
55 remember the discussion we had the other day because, in
56 effect, your witnesses are going before his potential
57 witnesses so far as that is concerned. So he is in the
58 same position as you were in when a McDonald's witness was
59 called on a topic before you called your witnesses. So
60 I would expect him to put the substance of anything upon