Day 280 - 17 Jul 96 - Page 22


     
     1        that nonetheless there would be a separate action against
     2        anyone else who was there on this occasion, just to make
     3        the point that it is jointly and severally liable.  I do
     4        not think, really, it is something -- but it is only fair
     5        that I just make that point.
     6
     7             Can I just see if there are any further points on the
     8        skeleton argument?
     9
    10   MR. JUSTICE BELL:   Yes, please.
    11
    12   MR. ATKINSON:   There is one point that, again, I put forward
    13        tentatively.  I am not representing the third party but it
    14        needs to be brought to the Court's attention.  There is a
    15        possibility that third party proceedings would not be
    16        allowed on the basis that they were time-barred.  Now, a
    17        contribution proceedings would not be time-barred, as far
    18        as I can see, pursuant to section 10 of the Limitation Act
    19        of 1980, but if one looks at section 35 of the Limitation
    20        Act -- and it is hugely complex -- as far as I can see, or,
    21        rather, what I am really saying, it is not a very well
    22        written act because one cannot understand it very easily.
    23
    24   MR. JUSTICE BELL:  Yes.
    25
    26   MR. ATKINSON:   The fact is it seems that there probably is the
    27        power of the Court to allow third party proceedings.  One
    28        also has to look at order 15, rule 6, and one sees certain
    29        circumstances in which that permission will be granted, so
    30        I not making a bald submission that the Court has
    31        absolutely no power to do so although I am saying that the
    32        third party might argue that.  I do not know.  It is a
    33        slightly confusing picture, but certainly that is one
    34        argument that might be raised by the third party.  I am not
    35        saying that it is time-barred.  As I say, it is not my job
    36        to do that.  I just raise that as something which might be
    37        before the Court.
    38
    39             Now, I think, my Lord, that is all unless I can be of
    40        any further assistance to your Lordship.
    41
    42   MR. JUSTICE BELL:  No.  Thank you very much.  Yes, Mr. Starmer?
    43
    44   MR. STARMER:   May I just have a few minutes to take any further
    45        instruction which might assist me in my reply?
    46
    47   MR. JUSTICE BELL:  I will take the five minute break we normally
    48        have.  What I propose to do, so far as procedure is
    49        concerned, when you have finished what you have to say on
    50        this argument I will ask Ms. Steel or Mr. Morris or you
    51        whether you are going to take any part in any argument we
    52        have about the admissibility of the Civil Evidence Act of
    53        one particular witness.  If you are, I will go on to hear
    54        the argument about that while you are here.
    55
    56   MR. STARMER:  I am not.
    57
    58   MR. JUSTICE BELL:  Right.  What I will do, when I have heard
    59        what you have to say I will break off for about
    60        half-an-hour and I will give my decision on this matter

Prev Next Index