Day 079 - 27 Jan 95 - Page 21
1
2 THE WITNESS: Sorry, my Lord.
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4 MR. JUSTICE BELL: Do you want the break now?
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6 MS. STEEL: I want to ask something relating to Mr. Rampton's
7 last comment which is he seems to be, kind of, retracting
8 the admission, as it were.
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10 MR. RAMPTON: No.
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12 MR. JUSTICE BELL: I do not take it to be that. Do not concern
13 yourself about it. As far as I am concerned, what is in
14 the admissions is admitted -- period. It is the form of
15 words which arises quite often in litigation because an
16 admission is made for the purposes of that litigation, but
17 what the person is saying: "If there is other litigation
18 with other parties, I will not be bound by the admission in
19 that litigation".
20
21 That is not a situation we are presented with in this
22 case. You are not representing anyone else but yourself in
23 this litigation, so just treat it as admitted.
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25 MS. STEEL: That is allowable by law?
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27 MR. JUSTICE BELL: Yes.
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29 MS. STEEL: I am quite surprised!
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31 MR. JUSTICE BELL: It does not matter in relation to this, but
32 it is very sensible because (and I am not talking about
33 this case at all) someone may say: "Well, actually, I do
34 not think I was liable but I am not going to spend £500,000
35 trying to show that I was not. This is only £750 claim.
36 I am prepared to admit that I was liable because I do not
37 want to spend £500,000 saving £750. But I am not making an
38 admission at large to the world because the next claim may
39 be worth £4 million and then I may think it is worth
40 spending £500,000 fighting the issue in relation to that".
41
42 This is just by way of general conversation to explain why
43 it happens and why it is not necessarily stupid. But you
44 can forget it as far as this case is concerned because the
45 admission is made and you are entitled to treat what is
46 admitted as fact.
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48 MR. RAMPTON: For this case.
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50 MS. STEEL: I do not know, I am surprised. I would have thought
51 that you make an admission because it is the truth.
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53 MR. JUSTICE BELL: No. I am sorry. Life is not quite as simple
54 as that. We will take our five-minute break.
55
56 (Short Adjournment)
57
58 MR. MORRIS: Just to finish off that last subject for the
59 moment: The Camden Company who you asked to do the audit,
60 you paid them for that audit, did you?
