Day 164 - 26 Sep 95 - Page 12
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2 MR. JUSTICE BELL: I have got your point in relation to that and
3 I have Mr. Rampton's answer. It was only if you had some
4 specific point you wanted to make on (5) to (11).
5
6 MR. MORRIS: Mr. Rampton on No. 7 -- this is the only point
7 I have to make -- said that the Plaintiffs' appealed. He
8 does not know they appealed, of course, because it was only
9 a newspaper cutting.
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11 MR. RAMPTON: It was a newspaper cutting upon which Mr. Morris
12 relies which is why it is a misrepresentative pleading. It
13 is a distortion.
14
15 MR. MORRIS: I am entitled to rely on newspaper cuttings as Neil
16 LJ said; newspaper cuttings were a perfectly valid basis
17 for raising a pleading.
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19 MR. JUSTICE BELL: That is what Mr. Rampton is relying on as
20 well. What you would say is you do not know the result of
21 the appeal.
22
23 MR. MORRIS: No, and we are entitled to plead the situation as
24 we know it, which is that is the fact they were fined. So
25 that is the situation, as we understand it, and there is no
26 other evidence further to that.
27
28 I think that, basically, is it, I think. Can I make
29 another -- I did contact Mr. Richard North last night and
30 spoke to him. He has been involved with a number of court
31 cases over the last four months. He says that he
32 apologises for not having done something, but that he will
33 try to do something by the end of October. He said he has
34 not had any holiday this summer, so I do not want to put
35 pressure on him.
36
37 MR. JUSTICE BELL: All I would say with regard to -- while it is
38 on my mind I will say it now -- new statements and further
39 evidence, that I have been reluctant to say: "Too late,
40 too late" partly because you are representing yourselves
41 and partly because I am disinclined to say I will not hear
42 evidence which might help me to the truth of the matter.
43 But as we go on and time passes the strength of the
44 argument: "Look, we must have an end to new facets of the
45 case", gets stronger and stronger. I am sure you are aware
46 of that.
47
48 MR. MORRIS: Yes. I think it should be borne in mine that
49 McDonald's themselves have served a number of new
50 statements in the last few weeks.
51
52 MR. JUSTICE BELL: What I say applies to McDonald's as much as
53 it does to you.
54
55 MR. RAMPTON: I do not know that I have served any new
56 statements in relation to food poisoning.
57
58 MR. MORRIS: No.
59
60 MR. RAMPTON: In relation to employment, yes, in relation to
