Day 191 - 24 Nov 95 - Page 11


     
     1        should be given it.  I wanted to draw that to
     2        your Lordship's attention, because he has an obligation; if
     3        it is relevant and follows from the request which we made,
     4        at your Lordship's suggestion, then we must have it at
     5        once.
     6
     7   MR. JUSTICE BELL:  This is in answer to your questionnaire, is
     8        it?
     9
    10   MR. RAMPTON:  Yes.  We did the questionnaire, as your Lordship
    11        will remember, because your Lordship said it may simply be
    12        that Mr. Coton can write his answers on a request; and so
    13        we did it in that form.  We asked Mr. Morris yesterday
    14        whether he had received the answers, and he said not in a
    15        written form, but he had made a note.  We asked when we
    16        could have it, and he said he had not decided whether we
    17        should have it at all.  I heard that conversation, so that
    18        I can faithfully tell your Lordship that.  That, in my
    19        submission, is a wholly improper way of proceeding.
    20
    21   MR. JUSTICE BELL:  What is the position?
    22
    23   MR. MORRIS:  Actually, Mr. Rampton butted in on the conversation
    24        and demanded the information, or he would say that
    25        Mr. Coton should not be called which, considering that he
    26        has already made the statement and a supplementary
    27        statement and the supplementary statement verifies all the
    28        information in the other witnesses from Colchester, it is
    29        hardly a secret what Mr. Coton believes and -----
    30
    31   MR. JUSTICE BELL:  What is the difficulty about disclosing his
    32        answers to the questionnaire?
    33
    34   MR. MORRIS:  None at all.  I had not time to do it yet and I was
    35        not going to be harassed by the other side.  I only
    36        actually met Mr. Coton for the first time the night before,
    37        which was Wednesday evening, and I have been working on it
    38        this morning, but I have not finished yet.  So, I will give
    39        the answers to the questions on Monday to the Plaintiffs.
    40
    41   MR. JUSTICE BELL:  Yes.
    42
    43   MR. RAMPTON:  Good.
    44
    45   MR. JUSTICE BELL:  Unless -----
    46
    47   MR. MORRIS:  A couple of things:  First of all, there was
    48        another letter which I sent to Mrs. Brinley-Codd regarding
    49         -- which I do not think I sent you a copy.
    50 
    51   MR. JUSTICE BELL:  Let me have a look at it. 
    52 
    53   MR. MORRIS:  Sorry, it is printed on the back of something.
    54        (Handed)
    55
    56   MR. JUSTICE BELL:  I have had a copy of this already; I think
    57        you faxed one to me, did you not?
    58
    59   MR. MORRIS:  That is fair enough.  It can be returned then,
    60        but  -----

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