Day 270 - 28 Jun 96 - Page 36


     
     1        if there appears to be some merit in the application I
     2        would want to give Mr. Pocklington, Mr. Bishop and Mr.
     3        Claire an opportunity to be heard.  But if, having heard
     4        the way the application was put, I thought there was no
     5        merit in it, it would have been a complete waste of money
     6        on their part, if one or all of them felt obliged to
     7        instruct lawyers to represent them on the application.
     8
     9        So what I propose to do is to say that Ms. Steel and
    10        Mr. Morris can make any application for leave to issue
    11        third party proceedings without giving notice to
    12        Mr. Pocklington, Mr. Bishop or Mr. Claire in the first
    13        instance.  I will hear anything which you, Mr. Rampton,
    14        wish to say.  In other words --
    15
    16   MR. RAMPTON:  I think you ought to, my Lord, as it is ex parte.
    17
    18   MR. JUSTICE BELL:  It will not be ex parte in the complete
    19        sense.  It will be ex parte on notice to McDonald's only in
    20        the first instance.  If I decide, on what I have heard,
    21        that I am not going to give leave, that will be the end of
    22        the matter.  If I think that I may give leave, I will then
    23        direct that notice be given to Mr. Pocklington, Mr. Bishop
    24        and Mr. Claire so that the application can be re-made with
    25        them present and represented, should they wish.  Because
    26        that course may save costs which would turn out to be
    27        unnecessary.  That is the first thing.
    28
    29        The second thing is that paragraph 2 of rule 2 of order 16
    30        says that an application for leave to issue a third party
    31        notice must be supported by an affidavit stating; and then
    32        there are four subparagraphs (a), (b), (c) and (d).  Unless
    33        you, Mr. Rampton, wish to say anything, I am minded to
    34        dispense with the need for an affidavit from either Ms.
    35        Steel or Mr. Morris but to direct that they must put into
    36        writing and give to Mrs Brinley-Codd and to me, not later
    37        than 24 hours before they make any application, a statement
    38        in writing setting out the matters in paragraph C, namely
    39        the nature of the claim made by the applicant or
    40        particulars of the question or issue required to be
    41        determined and the facts on which the proposed third party
    42        notice is based.
    43
    44        What I will do is I will put my White Book out here and
    45        when we adjourn this afternoon I will ask Mr. Riley if he
    46        can just -- you can have a look at it and make a note from
    47        it, if you want.
    48
    49   MR. MORRIS:  Can I just ask that we have the relevant pages of
    50        the transcript of what you have just said, if that is 
    51        possible, from the Plaintiffs tomorrow, so that we can get 
    52        advice about what you have just said.  I did not get all 
    53        that down.
    54
    55   MR. JUSTICE BELL:  All you need do, you do not need all the
    56        detail, all you need note is that in the first instance I
    57        will hear your application in the presence of Mr. Rampton
    58        but without you having to give notice of it to
    59        Mr. Pocklington, Mr. Bishop or Mr. Claire.  If I decide
    60        that there is any merit in the application, then I will say

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