Day 084 - 07 Feb 95 - Page 19


     
     1   MR. JUSTICE BELL:  You see ----
     2
     3   MR. MORRIS:  -- they are admitting that it relates to that
     4        pleading.
     5
     6   MR. JUSTICE BELL:  They have admitted everything you have said
     7        about Preston because the admission follows the wording at
     8        the bottom of page 2 of tab 5, and the reference to
     9        Preston, the words "were responsible for an outbreak of
    10        food poisoning in Preston in early 1991" adds nothing to
    11        what is at the bottom of page 2.
    12
    13   MR. MORRIS:  Yes.  I have a different page system here because
    14        I have the old numbering.
    15
    16   MR. JUSTICE BELL:  No, very well.  It is the first page of
    17        actual text in tab 5.  That bottom paragraph is admitted in
    18        its entirety; the admission made on 6th July 1994.
    19
    20   MR. MORRIS:  Yes.  They also admit -----
    21
    22   MR. JUSTICE BELL:  It has the word "that" at the front and then
    23        follows, unless I have missed a word here or there, the
    24        wording at the bottom of page 2 of tab 5.
    25
    26   MR. MORRIS:  I am getting very confused.
    27
    28   MR. JUSTICE BELL:  By all means check it again.
    29
    30   MR. MORRIS:  Yes.  All I am pointing out is that the pleading on
    31        Preston is in the context of response to the -- it is an
    32        admission -- it is a pleading that is going to
    33        justification of the main pleading of meat being
    34        responsible for the majority of cases of food poisoning,
    35        particularly chicken and minced beef as used in burgers.
    36        So, the admission of the pleading is in relation to that.
    37        Do you see what I am saying?
    38
    39   MS. STEEL:   If it is any help, I think part of the confusion is
    40        that the order in which the pleadings are in tab 5 is not
    41        the order in which they were originally pleaded because of
    42        all the amendments.
    43
    44   MR. JUSTICE BELL:  You come back to that in the future but at
    45        the moment -- you see, what you are not allowed to do,
    46        Mr. Rampton has said that he is not joining any issue at
    47        the moment anyway about the admissibility of evidence as to
    48        what his client's reactions were or were not to the Preston
    49        facts as admitted, what you are not allowed to do, he
    50        contends, is rub it in by calling further evidence, the 
    51        admission having been made. 
    52 
    53   MS. STEEL:   I think there is a problem with that which is that
    54        Mr. Rampton specifically objected to us asking questions
    55        about the Public Health Laboratory Service report.  There
    56        are other things in that report which -----
    57
    58   MR. JUSTICE BELL:  Just pause there because you have gone on to
    59        what I was saying only a few minutes ago.  If, on
    60        reflection, you think you ought to have pleaded other

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