Day 240 - 24 Apr 96 - Page 48
1 claim for injunction in the main action, and the defence to
2 counterclaim, and it is just that whenever we have wanted
3 to add particulars we have had to apply for leave to add
4 particulars and I wondered what the situation was with
5 this, whether the Plaintiffs would not need to apply for
6 leave on those and for the previous voluntary particulars
7 that they also served without leave. I cannot remember
8 when they served them.
9
10 MR. JUSTICE BELL: You can always give voluntary particulars as
11 long as they are particulars of something which has already
12 been pleaded. If it is suggested that they actually plead
13 something which is an amendment of the pre-existing case,
14 then we have to have legal argument about it as to whether
15 it does fall into that.
16
17 MS. STEEL: It is just that, for example, the US violations of
18 child labour laws and food hygiene could have been thought
19 to come under pre-existing pleadings as further
20 particulars, but we had argument before we were allowed
21 leave for those to be -----
22
23 MR. JUSTICE BELL: Yes, I thought that was different because
24 they were particulars of justification and fair comment
25 which I thought did bring in a new pleading. But what
26 I suggest is you take it up on Friday if you think that
27 these are -- I will have to read them again -- matters
28 which leave to amend is required for.
29
30 MR. RAMPTON: Can I just tell your Lordship, Mr. Atkinson is
31 dealing with this and I have asked him about that and he
32 says he thinks that it is a proper thing to do where all
33 you are, in fact, doing is giving additional particulars of
34 a case already pleaded. The reference is on page 321 of
35 the first Volume of the White Book. The marginal note is
36 18/12/25.
37
38 MR. JUSTICE BELL: Can you give me that again?
39
40 MR. RAMPTON: Yes, my Lord. Page 321, 18/12/25, and there is a
41 very informative and useful paragraph -- whether we are
42 within it or not I do not really mind because I would apply
43 for leave if I have to -- paragraph 11 in italics,
44 "Voluntary Particulars", and there are two paragraphs
45 about the expanding and developing use of voluntary
46 particulars as a way of notifying the other side of
47 avoiding costs, etcetera.
48
49 MR. MORRIS: I think it does need to be looked into because it
50 did not strike us, until we got these particulars, that the
51 last set of voluntary particulars about the counterclaim
52 which were said to be about the counterclaim, if you
53 remember, came up in the argument about the amendment to do
54 with publication, that the Plaintiffs argued, "Ah, we have
55 already pleaded such and such matter and therefore it is
56 not a new issue in the case", and we said that is only
57 about the counterclaim. It looks like they are extending
58 their general case and then using it later to say, "Oh, it
59 is already pleaded"; therefore, we should be able to plead
60 this.
