Day 194 - 01 Dec 95 - Page 05

     
     1        because Mr. Sutcliffe has already told me what he knows
     2        about that.
     3
     4        That was what my plan was.  It is all, basically, based
     5        upon the statement.
     6
     7   MR. JUSTICE BELL:  Why have you not given any notice of the
     8        extra evidence which he can give?
     9
    10   MS. STEEL:  Because they are all matters that arise out of the
    11        examination-in-chief of the Plaintiffs' witnesses.
    12
    13   MR. JUSTICE BELL:  That does not matter.  You must read again
    14        the directions which I gave.  No doubt someone will remind
    15        you of the date, if you cannot remember, but you must read
    16        them again.
    17
    18   MS. STEEL:  I specifically said, when you were thinking of
    19        making that ruling and after you made that ruling, I think
    20        I asked, that that would not include commenting on the
         evidence of witnesses called by the Plaintiffs, and it was
    22        said that it was not.
    23
    24   MR. JUSTICE BELL:  If I made a concession about that in my
    25        ruling, refer me to it.
    26
    27   MS. STEEL:  If I could have a moment to find it?  Do you know
    28        what day it was?
    29
    30   MR. JUSTICE BELL:  No, I do not.  If you are right about that,
    31        I will certainly take it into account.
    32
    33        (To the witness):  It need not concern you, Mr. Sutcliffe.
    34        It is essential for the efficient running of any case that
    35        the other side has proper notice of just what a witness is
    36        going to say.  You have made a statement, and I have made
    37        certain rulings about any further evidence, proper notice
    38        being given in advance.  Mr. Sutcliffe, it is in no way
    39        your responsibility or your concern.
    40
    MS. STEEL:   To be honest, I do not know, but I think it would
    42        take far longer to check this all out than it will just
    43        to -- I mean, they are only trivial and minor matters.
    44
    45   MR. JUSTICE BELL:  It may be important for the future.
    46
    47   MR. RAMPTON:  My Lord, I do not accept they are minor matters.
    48        I do not at all mind a date here or a date there being
    49        missing.  What I did say on 15th June (which was the whole
    50        purpose of your Lordship's ruling on 18th October) was 
    51        I had anticipated that Mr. Sutcliffe might want to make 
    52        allegations against named individuals on particular 
    53        occasions; that was what I particularly drew attention to
    54        on 15th June, which is why your Lordship directed the
    55        Defendants, if they wanted to adduce such evidence, to take
    56        those instructions from Mr. Sutcliffe and send them to us
    57        in good time.
    58
    59   MS. STEEL:   There is not anything coming up about named
    60        individuals, with the sole exception of who the junior