Day 175 - 18 Oct 95 - Page 19

     
     1   MR. JUSTICE BELL: You had better read it out, because I will not
     2        able to look it up.
     3
     4   MR. RAMPTON:  It was on 28th October, page 8.
     5
     6   MR. MORRIS:  28th October?
     7
     8   MR. RAMPTON:  Sorry, I must mean September -- 28th September.
     9        Your Lordship said this -- this is when Mr. Atkinson was
    10        about to call Mr. Atkinson and was not, in the end, allowed
    11        to do so.  I do not mean that in any complaining sense at
    12        all.
    13
    14        What your Lordship said was this:  "What I have in mind to
    15        do is give a direction in the following terms which I have
    16        just written down.  I will read it slowly, so it can be
    17        written down if need be."  There is a colon, and then the
    18        transcript drops a line, and the direction reads as
    19        follows.
    20
    MR. JUSTICE BELL: Can you take it very slowly?
    22
    23   MR. RAMPTON:  I will take it very slowly.
    24
    25   MR. JUSTICE BELL: I made a note in my notebook, but I would like
    26        to have it word perfect.
    27
    28   MR. RAMPTON: "Employment witnesses should from now on have their
    29        statements taken as read or read out as their
    30        evidence-in-chief unless I give leave to ask further
    31        questions in chief.  I do give leave in advance to all
    32        parties to ask some introductory questions to settle the
    33        witness before cross-examination."
    34
    35        Whether this is part of the ruling or not, I am not sure,
    36        but it goes on -- and I will read it: "That is the
    37        presumption from which we start.  It means anyone can ask
    38        for leave to ask more substantial questions in elaboration
    39        of what was in the statement."
    40
         It is only right that I should remind your Lordship of a
    42        little bit more of what was said on that day.
    43        Your Lordship having given that ruling, Mr. Morris then
    44        asked: "Is it appropriate then to ask now that we be given
    45        leave for all our employment witnesses, that we can ask
    46        them about matters that are relevant to this case?"
    47        Your Lordship: "No.  You will have to seek my leave as each
    48        witness comes to the witness box.  I will consider it on
    49        its merits.  In fact, I have said no more than the practice
    50        direction says I should do.  All I have done is said it in 
    51        open court." 
    52 
    53        Then, my Lord, Ms. Steel said much as what she has said
    54        several times today, that it was very unfair and so on, and
    55        your Lordship responded: "What you must do is address me on
    56        that basis.  If you want to ask further questions of your
    57        witnesses, what I do not expect I will have any objection
    58        to is elaboration on some topic which is touched on in the
    59        statement."
    60