Day 280 - 17 Jul 96 - Page 22
1 that nonetheless there would be a separate action against
2 anyone else who was there on this occasion, just to make
3 the point that it is jointly and severally liable. I do
4 not think, really, it is something -- but it is only fair
5 that I just make that point.
6
7 Can I just see if there are any further points on the
8 skeleton argument?
9
10 MR. JUSTICE BELL: Yes, please.
11
12 MR. ATKINSON: There is one point that, again, I put forward
13 tentatively. I am not representing the third party but it
14 needs to be brought to the Court's attention. There is a
15 possibility that third party proceedings would not be
16 allowed on the basis that they were time-barred. Now, a
17 contribution proceedings would not be time-barred, as far
18 as I can see, pursuant to section 10 of the Limitation Act
19 of 1980, but if one looks at section 35 of the Limitation
20 Act -- and it is hugely complex -- as far as I can see, or,
21 rather, what I am really saying, it is not a very well
22 written act because one cannot understand it very easily.
23
24 MR. JUSTICE BELL: Yes.
25
26 MR. ATKINSON: The fact is it seems that there probably is the
27 power of the Court to allow third party proceedings. One
28 also has to look at order 15, rule 6, and one sees certain
29 circumstances in which that permission will be granted, so
30 I not making a bald submission that the Court has
31 absolutely no power to do so although I am saying that the
32 third party might argue that. I do not know. It is a
33 slightly confusing picture, but certainly that is one
34 argument that might be raised by the third party. I am not
35 saying that it is time-barred. As I say, it is not my job
36 to do that. I just raise that as something which might be
37 before the Court.
38
39 Now, I think, my Lord, that is all unless I can be of
40 any further assistance to your Lordship.
41
42 MR. JUSTICE BELL: No. Thank you very much. Yes, Mr. Starmer?
43
44 MR. STARMER: May I just have a few minutes to take any further
45 instruction which might assist me in my reply?
46
47 MR. JUSTICE BELL: I will take the five minute break we normally
48 have. What I propose to do, so far as procedure is
49 concerned, when you have finished what you have to say on
50 this argument I will ask Ms. Steel or Mr. Morris or you
51 whether you are going to take any part in any argument we
52 have about the admissibility of the Civil Evidence Act of
53 one particular witness. If you are, I will go on to hear
54 the argument about that while you are here.
55
56 MR. STARMER: I am not.
57
58 MR. JUSTICE BELL: Right. What I will do, when I have heard
59 what you have to say I will break off for about
60 half-an-hour and I will give my decision on this matter
