Day 148 - 05 Jul 95 - Page 34
1
2 If you have a good ground for applying a Civil Evidence Act
3 notice in respect of which McDonald's cannot serve a
4 counter notice because you have got one of the grounds for
5 sticking to your notice anyway, to put it in colloquial
6 terms, it has to be done in time enough for McDonald's to
7 consider whether they want in the light of that to call any
8 further evidence themselves.
9
10 I think the reality of the matter is that is something you
11 will have to get to grips with between the end of July and
12 25th September, the sooner the better, obviously, but
13 certainly by 25th September.
14
15 When you do get to grips with it, do not just say:
16 "Statement made by Manager in a film" which you identify
17 and a situation which you identify; put down the words as
18 well. If they are statements in a film or an interview,
19 they are probably only a couple or three sentences at a
20 time.
21
22 MR. MORRIS: The other matter related to that is our
23 understanding that once a Civil Evidence Act notice has not
24 been objected to or cannot be objected to by the
25 Plaintiffs, then it becomes evidence from that time. We
26 are entitled to test that evidence with witnesses in the
27 witness box and test the evidence, of course, of the
28 witnesses with our own evidence in the nature of a Civil
29 Evidence Act notice.
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31 I think the obligation is on the Plaintiffs to show if that
32 is not the case what authorities they are going to rely on
33 that.
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35 MR. RAMPTON: My Lord, I would like to know what Mr. Morris'
36 understanding is based on. I would need authority for that
37 proposition.
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39 MR. MORRIS: I think Mr. Rampton can find it, if he wants it.
40 It is obvious that a Civil Evidence Act notice is evidence
41 because it is called a Civil Evidence Act notice. From
42 that moment, well, from whenever it is, 21 days later, when
43 it is not challenged or cannot be challenged, then it is
44 evidence in the case.
45
46 If the Plaintiffs say on a technicality that it has to be
47 read into the transcripts, we are prepared obviously as
48 soon as possible to read out all our Civil Evidence Act
49 notices on to the transcript in open court, but I do not
50 believe that should be necessary.
51
52 MR. JUSTICE BELL: Yes. I have difficulty at the moment seeing
53 what you are trying to achieve in relation to this. A time
54 will come when we have heard all McDonald's employment
55 witnesses, let us say, we will have heard the ones who are
56 going into the witness box, and Mr. Rampton will put in the
57 statements of the Civil Evidence Act witnesses upon whose
58 evidence he wishes to rely. He can read them out in open
59 court; more likely, I would have thought, he will just
60 identify them, so that both you and I know which ones he is
