Day 175 - 18 Oct 95 - Page 15
1 MS. STEEL: I do understand that.
2
3 MR. JUSTICE BELL: You must not think that I am taking this
4 point against you because I am against you in any way. In
5 fact, I would have thought some of the things I have said
6 to you about being aware when there is no evidence from
7 McDonald's to refute it would indicate that I am trying to
8 help you, not because I am favouring you, because I am
9 telling you what I think experienced counsel or a
10 litigation solicitor would tell you, if you had them
11 sitting behind.
12
13 MS. STEEL: Can I just say, I do understand what you are saying
14 about that we do have the witness coming second, so we do
15 have a chance to rebut it, but if I can just say, it does
16 have a disadvantage for us in not being able to
17 cross-examine their witnesses because we have not got
18 notice because if, for example, our witness says something
19 to counter theirs, at the end of the case, you have just to
20 weigh up the two, whose word is it; whereas if we had time
21 to prepare for cross-examination, it may be that we would
22 be able to get the Plaintiffs' witness to admit that they
23 were wrong or that there was some other explanation for
24 it. So it does have a disadvantage to us when the
25 Plaintiffs do bring up things and have brought up things
26 that are not in the statement.
27
28 MR. JUSTICE BELL: I have to say, you know, that most, I would
29 say something like 75 per cent, of the new material adduced
30 by McDonald's witnesses was adduced in answer to
31 cross-examination questions by you or Mr. Morris, rather
32 than questions in-chief by Mr. Rampton.
33
34 MS. STEEL: I think Mr. Morris did give an example yesterday
35 about Mr. Stein taking 80 pages in-chief when his statement
36 was only 15 pages long, or something like that. So,
37 clearly, there was vast expansion in that case.
38
39 MR. JUSTICE BELL: Is there anything more you want to say?
40
41 MS. STEEL: Just really that I do think the best approach would
42 be ------
43
44 MR. JUSTICE BELL: I do want you to get to grips with the fact
45 that it is an extremely difficult practical and procedural
46 situation. This case has gone for 15 months now, and if
47 I gave you carte blanche, it could go for years.
48
49 MS. STEEL: I mean, we have said that we are not trying to call
50 new evidence; we are just trying to expand on what is in
51 the statement. It is not new matters; and I do think that
52 the best course would be ------
53
54 MR. JUSTICE BELL: It is a new matter, if for instance -- just
55 listen to this and bear it in mind if I do give you leave
56 to ask questions -- in my judgment, it is a new matter, if
57 you look at page 3, for instance.
58
59 MS. STEEL: Is that the page 3 at the top or page 3 of
60 the ------
