Day 175 - 18 Oct 95 - Page 22
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2 MR. MORRIS: We only just finished and we did not have time to
3 make photocopies, but it is quite scrappy, so I am just
4 going to read out the matters. Is that OK or shall we just
5 get copies made?
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7 MR. JUSTICE BELL: Let us just make photocopies now. It will
8 only take two or three minutes. (To the witness):
9 Mr. Whittle, it is extremely unlikely that you will give
10 your evidence before lunch if, indeed, we do today, so
11 would you like to go and sit down?
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13 THE WITNESS: Sure.
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15 (Short pause while photocopies were made)
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17 MS. STEEL: Some of the things that are in two different
18 handwritten versions are the same.
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20 MR. JUSTICE BELL: Do not worry about the form for the moment.
21 I would like to read it through. Yes. What do you want to
22 say, Mr. Rampton? Do you want me to say what my reaction
23 is or do you want to ---
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25 MR. RAMPTON: I have a certain reaction to this.
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27 MR. JUSTICE BELL: -- go first?
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29 MR. RAMPTON: I have a certain reaction to this. I am entirely
30 in your Lordship's hands. Obviously, it is easier for an
31 advocate if he knows what the judge thinks.
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33 MR. JUSTICE BELL: My reaction, my feeling, is that Mr. Morris
34 should be allowed to adduce those matters in evidence.
35 I feel they fall into, if one can make such a category,
36 general elaboration of a kind which no-one took objection
37 to in relation to your witnesses. I think the truth in
38 relation to your witnesses is that it was appreciated that
39 there would be quite considerable cross-examination, no
40 doubt partly as a result of the Court of Appeal's ruling,
41 about which I have no complaint, but I think everyone could
42 foresee that there would be cross-examination which would
43 bring a lot more general matters out.
44
45 What my inclination is to do is to let Mr. Morris ask
46 Mr. Whittle about those matters and proceed with your
47 cross-examination, but what I would also like to do is set
48 some ground rules for the future. What I will say now
49 before I adjourn is that what I have in mind is that if Mr.
50 Morris or Ms. Steel want to ask a witness of theirs (and
51 I think it probably applies particularly with regard to
52 employment witnesses because that is where particular
53 incidents may come out), they should provide your
54 instructing solicitors with longhand notes, at least, of
55 the kind we have here and of the kind which were provided
56 in relation to Mr. Whittle on or about 13th October and in
57 relation to Mr. Logan at least five clear working days
58 before the witness is to be called.
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60 The reason I have said five clear workings days is that it
