Day 196 - 06 Dec 95 - Page 02

     
     1                                 Wednesday, 6th December 1995.
     2
     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.
    17
    18   MR. JUSTICE BELL:  Yes.  Would you have any objection to
    19        Ms. Steel and Mr. Morris talking to Mr. Coton?
    20
    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.
    28
    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.
    40
    MR. MORRIS:  Yes.
    42
    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
    49        afternoon.
    50 
    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