Day 190 - 23 Nov 95 - Page 05
1 himself.
2
3 MR. MORRIS: Well, I think that he is -----
4
5 MR. JUSTICE BELL: The point is, I have to decide what procedure
6 we take. I do not want to get involved in the argument at
7 to what is and is not admissible. I am just pointing out
8 that it is not as simple as you may think.
9
10 MR. MORRIS: I think we should call Ms. Lamb -- she has come,
11 she has taken a day off work, she is losing pay -- and we
12 should go through all the evidence that we were going to go
13 through, including the interviews, and then it is up to
14 Mr. Rampton to challenge it.
15
16 MR. JUSTICE BELL: No. He will challenge as she comes to each
17 matter, you see. So, Ms. Lamb will start her evidence, you
18 will come to a question or want to read something,
19 Mr. Rampton will stand up and say, "I object to that", and
20 I will have to decide that objection before we go any
21 further. I will decide that, and either Ms. Lamb will then
22 give the evidence, if I rule it admissible, or she will not
23 if I rule it inadmissible; and then her evidence will
24 continue for maybe 20 seconds more, and another objection
25 will be taken, and I will have to decide that. That is not
26 a very efficient way of dealing with things.
27
28 MR. RAMPTON: It is a matter for your Lordship. I maintain my
29 objection both to the entirety of Lynval's statement,
30 interview, and the entirety of Mark Ryan's statement.
31 Your Lordship has not heard my submissions on the law and
32 has not seen the authorities (of which there are quite a
33 number) and my submission will be that, for reasons
34 extrinsic to the actual content of their interviews, those
35 statements are in any event inadmissible, as a matter of
36 law.
37
38 I also take objection, as I have said, to quite a
39 considerable number of the paragraphs in Ms. Lamb's
40 attendance note of Lovell White & Durrant, which Mr. Morris
41 says he wants to read.
42
43 MR. JUSTICE BELL: I do not think the attendance note of the
44 solicitor should be read, in any event. I think that
45 should be taken, as it were, as the proof of evidence, and
46 Mr. Morris can ask Ms. Lamb about the matters which she
47 told Lovell White & Durrant as being her evidence.
48
49 MR. MORRIS: Well, we would like not to call our witness today
50 and to prepare for a legal argument which we have had no
51 indication of.
52
53 MR. JUSTICE BELL: If you choose to take that course, what
54 I suggest you do is hear Mr. Rampton's argument, because
55 otherwise you may go away and prepare for it, not being
56 aware of what the various points are.
57
58 MS. STEEL: I also feel that the Plaintiffs should offer to pay
59 Ms. Lamb a day's wages, because it is their fault for not
60 bringing this up earlier; and I am sure we would have been
