Day 148 - 05 Jul 95 - Page 33
1 think are relevant.
2
3 MR. JUSTICE BELL: Yes. I think you have to get them down in
4 writing, quite frankly.
5
6 MR. MORRIS: Yes.
7
8 MR. JUSTICE BELL: Firstly, because although Mr. Rampton has
9 been pretty generous in saying: "I do not need a formal
10 Civil Evidence Act notice about this or that", we have
11 actually identified the statement which you had in mind,
12 and it is important that we do identify the statement that
13 you have in mind because at the end of the day I need to
14 know what is actually in evidence and what is not.
15
16 MR. MORRIS: But here we are discussing a general principle
17 of ---
18
19 MR. JUSTICE BELL: I think it is difficult to discuss a general
20 principle. You have got to identify the statements and who
21 made them, and then say: "We wish to make them subject to
22 a Civil Evidence Act notice". You can then look at them
23 and see whether any greater formality is required and what
24 Mr. Rampton's attitude to that is.
25
26 But I surely cannot decide in principle that you can just
27 say anything said by anyone, from Store Manager upwards, on
28 a film sound track or in an interview to a newspaper
29 journalist, on the face of it, we here and now make subject
30 to a Civil Evidence Act notice. I am not at all happy with
31 that. I am not sure that is what you are saying, but if
32 that is what you are suggesting, I am not happy with it;
33 you have to identify the actual statements.
34
35 MR. MORRIS: Yes, I understand the need to identify the
36 particular statement and who made it, but if I am going to
37 spend a number of days identifying Civil Evidence Act
38 quotes that may have come up that I can remember, going
39 back over that, then it helps it establish the principle in
40 advance because otherwise -----
41
42 MR. JUSTICE BELL: What I am saying is I do not think you can
43 establish a principle because it will vary from statement
44 to statement and witness to witness -- or it might do. The
45 first thing when you have identified it will be I will have
46 to give McDonald's an opportunity to serve a counter
47 notice. That may not be necessary, I do not know.
48 Mr. Rampton may in relation to a particular witness
49 say: "Well, we do not require any formality. We will
50 accept a notice in respect of that witness", but the very
51 next witness he may have a very good reason for saying:
52 "No, we certainly do not accept that; you must call that
53 witness if you want to".
54
55 You cannot deal with it just in principle. The other point
56 I will make is this. I appreciate that it may take you
57 sometime, but if you want to rely on these statements at
58 all, you have certainly to do it before you get to speeches
59 and, in fact, you have to do it by a stage in the trial
60 where McDonald's have time to consider their attitude.
