Day 242 - 29 Apr 96 - Page 51
1 time, we should have known about it when we had not even
2 sought the particulars in the first place, and they had not
3 had leave, and it seems that the Plaintiffs have a general
4 strategy of extending their case on publication as far as
5 possible through stealth and legal means. That is
6 something that is now in the pot and we are preparing an
7 appeal on the last ruling.
8
9 All I am concerned about is the particulars do not creep
10 through which actually alter or extend the Plaintiffs' case
11 without you looking at them as well with a fine toothcomb
12 to see whether the Plaintiffs must have leave and must be
13 put to an argument on why that is relevant because,
14 frankly, we cannot keep up with the legal pace that this
15 case has developed in the last few months especially, but
16 throughout really because, of course, we have no
17 experience.
18
19 In fact, we did not even know what voluntary particulars
20 were until this issue came up when further ones were put in
21 and we started to think about what indeed was happening.
22
23 MR. JUSTICE BELL: I think all they mean is that they are
24 particulars which are given other than in response to a
25 request by the other side.
26
27 MR. MORRIS: I can see that, but they are a kind of status
28 because they were certainly used in legal argument over the
29 publication issue as tablets of stone and that was part of
30 the pleaded case.
31
32 MR. JUSTICE BELL: Those were not voluntary particulars because
33 they were given in response to a request by you.
34
35 MR. RAMPTON: Mr. Morris is right to the extent that I made a
36 reference to it in argument.
37
38 MR. JUSTICE BELL: Yes.
39
40 MR. RAMPTON: Your Lordship ignored that part of my argument and
41 relied solely on what were not voluntary particulars which
42 were the particulars of the Further and Better Particulars.
43
44 MR. JUSTICE BELL: Yes.
45
46 MR. RAMPTON: Further and Better Particulars of the Statement of
47 Claim, which is what your Lordship has based yourself on.
48
49 MR. JUSTICE BELL: They were in answer to -----
50
51 MR. RAMPTON: They were orthodox particulars, if you like, old
52 fashioned particulars. They were not voluntary particulars
53 at all. It does not arise in relation to the pleading at
54 all.
55
56 MS. STEEL: Is it possible to have a couple of minutes to make
57 absolutely sure that there was not anything else to bring
58 up?
59
60 MR. JUSTICE BELL: Yes. I will come back at 10 past 3.
