Day 110 - 29 Mar 95 - Page 22
1 witnesses did not come up to proof.
2
3 MR. JUSTICE BELL: I quite agree. There is a possibility -- you
4 say it is theoretical only -- that they do not come up to
5 proof.
6
7 MR. RAMPTON: That is true on any issue.
8
9 MR. JUSTICE BELL: It is true in any case but not every case has
10 18 months of evidence.
11
12 MR. RAMPTON: No, my Lord. That might, of course, be a short
13 cut if my witnesses said: "I quite agree; I am entirely
14 mistaken, it was not you, Mr. Morris, or you, Ms. Steel who
15 did it; it was not that leaflet". My Lord, the principal
16 reason I am having a little difficulty about it is that I
17 do not want to disturb more of my employment witnesses than
18 I have absolutely got to. I particularly do not want to
19 disturb the Americans, not because they are terribly
20 important or anything like that, but because they have been
21 moved around a good deal and because they do have to cross
22 the Atlantic.
23
24 MR. JUSTICE BELL: Can I leave it there? I have raised the
25 matter. I would like you to think about it. If you adhere
26 to your present views, there we are.
27
28 MR. RAMPTON: Very well. My Lord, that said, supposing that for
29 one reason or another I do not accept your Lordship's
30 invitation to do that, then I do not know whether what
31 I first suggested this morning would appeal to your
32 Lordship, that is to say, to split Mr. Nicholson into two
33 and keep his publication evidence with the rest of the
34 publication witnesses?
35
36 MR. JUSTICE BELL: I think the first question is this: Are the
37 Defendants, if Mr. Nicholson gives evidence on publication
38 at the beginning of next term, prepared to cross-examine on
39 publication? By "prepared" I do not mean willing, I mean
40 are they ---
41
42 MR. RAMPTON: Ready?
43
44 MR. JUSTICE BELL: -- actually ready to do so. If the answer is
45 "no" and it is thought not right to give them a break of a
46 day or two or a few days to prepare on, if that is correct,
47 preparation may be long or short, I do not know, then it
48 seems to me that you ought to have the option of calling
49 Mr. Nicholson in-chief on a topic they can go on to
50 cross-examine on.
51
52 MR. RAMPTON: That was my original suggestion.
53
54 MR. JUSTICE BELL: So that we should make a division and
55 Mr. Nicholson can come back and give his evidence relevant
56 to publication when you call your other witnesses on that
57 topic. If that is the course we take, it seems to me that
58 because we have taken that course with a view to
59 convenience of everyone, you ought to be entitled to speak
60 to Mr. Nicholson about matters relating to publication only
