Day 177 - 26 Oct 95 - Page 07
1 If you cannot, call Mr. Gibney on Monday, ask him about
2 Colchester and Milton Keynes, ask him about the additional
3 matters 2 to 11 in so far as they apply to Colchester or
4 Milton Keynes; Mr. Rampton cross-examines on the basis
5 which I said.
6
7 I am not looking at it as a trade. The trade for you being
8 able to lead him perhaps blind, as it were, on Monday, is
9 that Mr. Rampton may be allowed to call witnesses in
10 rebuttal after Mr. Gibney rather than before. There is no
11 advantage or disadvantage in that one way or the other.
12
13 What worries me is -- I do not want to put Mr. Gibney off;
14 while my mind is on Colchester, I would like to get on with
15 it -- if I ask you to give written particulars of what
16 Mr. Gibney is going to say before you call him, my guess is
17 that when you call him he will say something additional
18 anyway, so we will be back in a rebuttal situation.
19
20 MR. MORRIS: Can I just say, very briefly, the additional points
21 are not exactly new points; they are all really touched on
22 by fundamental things that are raised in his statement or
23 in the statements of the other Colchester witnesses which
24 the Plaintiffs have had served on them two years ago, so
25 they know those kind of issues are being raised. I will
26 not go into detail, because I think we have gone past that
27 stage. That is all I have to say on that.
28
29 MR. JUSTICE BELL: Right. What about -----
30
31 MR. MORRIS: He is quite difficult to get hold of.
32
33 MR. JUSTICE BELL: What about Mr. Pearson and performance
34 related pay? Do you know what that relates to, or has he
35 just delivered the words "performance related pay" to you?
36
37 MR. MORRIS: Well, as far as I understand it, obviously, he has
38 talked about low pay, which is not surprising, and the
39 Plaintiffs have tried to justify what I would call their
40 low pay by saying that there is performance related pay.
41 As an expert, he is entitled to comment upon previous
42 evidence. I just thought it was courtesy, really, to give
43 the Plaintiffs an opportunity to know that he would make
44 that particular comment. As far as overtime is concerned,
45 that was something which you -----
46
47 MR. JUSTICE BELL: Do not worry about overtime. I could
48 probably give the evidence myself.
49
50 MR. MORRIS: So there is not anything else to say. He will give
51 his view, which is what I have said there. I have not
52 expressed it very well.
53
54 MR. JUSTICE BELL: You do not find it difficult to get hold of
55 him, do you?
56
57 MR. MORRIS: No. I can get hold of him; it is just getting him
58 to write something down that is the problem. That is all
59 he told me. He just said, if it helps the court -- he does
60 not have to talk about any detail about performance related
