Day 057 - 29 Nov 94 - Page 51
1 out all the things I had queries about which I wanted to
2 get legal advice on and I have not done so. I may bring
3 some of those up. There are some things I will not bring
4 up that are on my list, and then there are other things we
5 want to make an application even though we have not had
6 legal advice at this stage.
7
8 MR. JUSTICE BELL: If I can bring a bit of joy and happiness
9 into the case, I have just found mine in the counterclaim
10 folder! You are going to have to introduce me to this. It
11 is some considerable time since I looked at the
12 counterclaim pleadings. Are you ready to do that or not?
13
14 MS. STEEL: What do you mean by "introduce"?
15
16 MR. JUSTICE BELL: You are going to have to tell me what the
17 difficulty is generally with regard to further and better
18 particulars of the counterclaim and what you are seeking at
19 the moment which you have not got.
20
21 MS. STEEL: OK. I think the last time the Counterclaim was
22 raised was on 8th June.
23
24 MR. JUSTICE BELL: That is why I need reminding about it.
25
26 MS. STEEL: I presume you remember the Counterclaim arises out
27 of a leaflet and press releases?
28
29 MR. JUSTICE BELL: Yes, indeed, I remember that. It is the
30 Further and Better Particulars that I have forgotten about.
31
32 MS. STEEL: We served the request for further and better
33 particulars of the Plaintiffs' Defence to Counterclaim and
34 they answered those, but the answers are incomplete and
35 unsatisfactory.
36
37 MR. JUSTICE BELL: Take me to the parts which you say are
38 unsatisfactory.
39
40 MS. STEEL: Have you got the Further and Better Particulars of
41 the Defence to Counterclaim and the Request that came
42 before that?
43
44 MR. JUSTICE BELL: I have a bundle which is Further and Better
45 Particulars of the Defence to Counterclaim and that has the
46 Request as well as the Answers.
47
48 MS. STEEL: Yes, OK. We can probably manage easily enough with
49 that then. There is a point on page 6. I am sorry about
50 this because it is not properly worded. The Plaintiffs
51 have said that where examples are given in these
52 particulars they are given in order to help the Defendants
53 and not to limit the evidence to be adduced by the Second
54 Plaintiff. This is all about what they say the full
55 statements are. That concerns me in that they are not
56 being specific about what their case is.
57
58 MR. ATKINSON: Read on.
59
60 MS. STEEL: Reading on does not help the fact that the
