Day 146 - 03 Jul 95 - Page 29


     
     1        Lordship wants me to, but if your Lordship would like to
     2        read that, it is quite a long paragraph.
     3
     4   MR. JUSTICE BELL:  Yes.
     5
     6   MR. ATKINSON:   Included in that paragraph that your Lordship
     7        has just been looking at, that is issue (a) in our letter
     8        of 3rd February, that answers your Lordship's question on
     9        that.  In the paragraph you were looking at in the Defence
    10        to Counterclaim, i.e. particular 7, one sees there
    11        reference to responsibility on the part of the Defendants
    12        for organising demonstrations and anti-McDonald's fairs.
    13        This is where issues (c) and (d) come in in the letter of
    14        3rd February.  For that one needs to go to another
    15        pleading.  This is the one I am slightly concerned as to
    16        whether your Lordship has or you have not.  I think your
    17        Lordship has this one actually.  It should be the fourth
    18        pleading in the bundle and it is called Further and Better
    19        Particulars of the Defence to Counterclaim.
    20
    21   MR. JUSTICE BELL:  It may be somewhere else, but I have Request
    22        Further and Better Particulars of the Defence to
    23        Counterclaim and then there is nothing in divider 4.
    24
    25   MR. ATKINSON:   That is what was worrying me.
    26
    27   MR. JUSTICE BELL:  In fact the dividers go all the way from 4 to
    28        20 but there is nothing in them.
    29
    30   MR. ATKINSON:   If Mrs. Brinley-Codd can hand up her file.
    31
    32   MR. JUSTICE BELL:  Perhaps a photocopy can be made and I will
    33        insert it in divider 4.  Those are the Further and Better
    34        Particulars themselves.
    35
    36   MR. ATKINSON:  Yes.  They are the first lot of Further and
    37        Better Particulars.  If your Lordship wants the date on
    38        which they were served, it was 15th July 1994.  At page 25
    39        of that pleading there is a request No. 32 and No. 33, if
    40        your Lordship just reads that to yourself.  Then if one
    41        goes over the page the answer is given by the Plaintiffs or
    42        the Second Plaintiff.
    43
    44   MR. JUSTICE BELL:  Yes.
    45
    46   MR. ATKINSON:   So that is paragraphs 32 and 33.
    47
    48   MR. JUSTICE BELL:  So what you are doing is setting out they
    49        were involved in these matters although they denied it, and
    50        you are asking for a list of documents in relation to any 
    51        involvement on that issue? 
    52 
    53   MR. ATKINSON:  That is correct.  I will just finish off going
    54        through the trawl of meetings, because your Lordship at a
    55        hearing in December last year said to me that I must do a
    56        further set of Further and Better Particulars to do with
    57        answers 32 and 33, amongst other things, in which I set out
    58        further the facts and matters upon which the Second
    59        Plaintiff was relying for the inference that the Defendants
    60        organised and were involved in the demonstrations listed in

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