Day 149 - 06 Jul 95 - Page 12


     
     1        Because they were arguing there was no evidence whatsoever,
     2        I was basically trying to justify either that it was
     3        admitted or that it was reasonable belief.
     4
     5        I think if we go back to square one, maybe, with this whole
     6        issue, which is that obviously there is reasonable belief,
     7        because we have pleaded it.  Whether or not it is admitted
     8        or not is a red herring at the moment; and if we have a
     9        pleading then we are entitled to discovery.  I thought
    10        today I was trying to justify the reasonable belief, and
    11        I was going to develop that further with further
    12        information.
    13
    14   MR. JUSTICE BELL:  I think you may be right about that, because
    15        that is what I may have pointed you at, at a time when --
    16        maybe you will have no trouble persuading me -- I did not
    17        have page 16 in my mind.  Just pause for a moment.
    18
    19        What I suggest you do -- because I was reminding myself
    20        what you had got in -- your application to amend, which you
    21        are going to deal with, hopefully, the week after next; and
    22        you refer to soya particularly in items 3 and 4.  What
    23        I have already suggested to you is that when you deal with
    24        your application to amend, you also tell me what further
    25        discovery you think you should have, if you are granted
    26        leave to amend on any or all of items 1 to 5, because
    27        although, if you get leave to amend, discovery of any
    28        documentation which is relevant to an issue should follow,
    29        I can see some advantage in trying to shortcut the
    30        procedure by giving an indication (if not a ruling) on what
    31        I would expect the Plaintiffs to look for.
    32
    33   MR. MORRIS:  So, to cut a long story short, is it really better
    34        that I deal with this at the same time as all the other
    35        matters next week?
    36
    37   MR. JUSTICE BELL:  What I think is better is that you deal with
    38        soya discovery, including the one related to the pleading
    39        which you have got in any event on page 16, in parlance
    40        with your application to amend to include two additional
    41        soya allegations.  In fact, one of the points which I would
    42        like the help of some argument on is the extent to which
    43        you want to plead actually expands on what you have on
    44        page 16 ---
    45
    46   MR. MORRIS:  Yes.
    47
    48   MR. JUSTICE BELL:  -- because I found page 16 when I was
    49        thinking about possible amendments 1 to 5.  I think it is
    50        only fair to tell you that I may well not have had it in 
    51        mind when I made my February ruling; and I reminded myself 
    52        of it only when I was giving some thought to your 1 to 5. 
    53
    54   MR. MORRIS:  It was my fault.  I should have referred you to it,
    55        really.
    56
    57   MR. JUSTICE BELL:  What I suggest you do, unless Mr. Rampton
    58        wants it argued out today -- I would be a bit surprised if
    59        he does, but there you are -- is deal with it all in one go
    60        with your amendments 3 and 4 the week after next.

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