Day 270 - 28 Jun 96 - Page 36
1 if there appears to be some merit in the application I
2 would want to give Mr. Pocklington, Mr. Bishop and Mr.
3 Claire an opportunity to be heard. But if, having heard
4 the way the application was put, I thought there was no
5 merit in it, it would have been a complete waste of money
6 on their part, if one or all of them felt obliged to
7 instruct lawyers to represent them on the application.
8
9 So what I propose to do is to say that Ms. Steel and
10 Mr. Morris can make any application for leave to issue
11 third party proceedings without giving notice to
12 Mr. Pocklington, Mr. Bishop or Mr. Claire in the first
13 instance. I will hear anything which you, Mr. Rampton,
14 wish to say. In other words --
15
16 MR. RAMPTON: I think you ought to, my Lord, as it is ex parte.
17
18 MR. JUSTICE BELL: It will not be ex parte in the complete
19 sense. It will be ex parte on notice to McDonald's only in
20 the first instance. If I decide, on what I have heard,
21 that I am not going to give leave, that will be the end of
22 the matter. If I think that I may give leave, I will then
23 direct that notice be given to Mr. Pocklington, Mr. Bishop
24 and Mr. Claire so that the application can be re-made with
25 them present and represented, should they wish. Because
26 that course may save costs which would turn out to be
27 unnecessary. That is the first thing.
28
29 The second thing is that paragraph 2 of rule 2 of order 16
30 says that an application for leave to issue a third party
31 notice must be supported by an affidavit stating; and then
32 there are four subparagraphs (a), (b), (c) and (d). Unless
33 you, Mr. Rampton, wish to say anything, I am minded to
34 dispense with the need for an affidavit from either Ms.
35 Steel or Mr. Morris but to direct that they must put into
36 writing and give to Mrs Brinley-Codd and to me, not later
37 than 24 hours before they make any application, a statement
38 in writing setting out the matters in paragraph C, namely
39 the nature of the claim made by the applicant or
40 particulars of the question or issue required to be
41 determined and the facts on which the proposed third party
42 notice is based.
43
44 What I will do is I will put my White Book out here and
45 when we adjourn this afternoon I will ask Mr. Riley if he
46 can just -- you can have a look at it and make a note from
47 it, if you want.
48
49 MR. MORRIS: Can I just ask that we have the relevant pages of
50 the transcript of what you have just said, if that is
51 possible, from the Plaintiffs tomorrow, so that we can get
52 advice about what you have just said. I did not get all
53 that down.
54
55 MR. JUSTICE BELL: All you need do, you do not need all the
56 detail, all you need note is that in the first instance I
57 will hear your application in the presence of Mr. Rampton
58 but without you having to give notice of it to
59 Mr. Pocklington, Mr. Bishop or Mr. Claire. If I decide
60 that there is any merit in the application, then I will say
