Day 240 - 24 Apr 96 - Page 49


     
     1
     2   MR. JUSTICE BELL:  What I suggest you do is you read the note to
     3        which Mr. Rampton has referred -- I am not going to read it
     4        now -- and then come back to it on Friday if you want and
     5        refer me not only to these ones but the other ones you are
     6        talking about.  The May and July particulars, it is too
     7        late because I have given a ruling on that and that is
     8        that.  I cannot go back on to that, but if there are other
     9        ones where you want to say leave is required for that, then
    10        raise it on Friday.
    11
    12   MS. STEEL:   Which ones have you already given the ruling on?
    13
    14   MR. JUSTICE BELL:  When I gave leave to re-amend the Statement
    15        of Claim I referred to the fact that further and better
    16        particulars have been given, I think in May 1991 and July
    17        1992, and, as Mr. Morris said, that was part of my
    18        reasoning in my ruling.  That ruling, as made, stands.  If
    19        it was wrong, your remedy is elsewhere, not by asking me to
    20        reconsider it.
    21
    22   MR. RAMPTON:  Anyway, those were not voluntary.
    23
    24   MR. JUSTICE BELL:  No, very well.
    25
    26   MR. MORRIS:  I think it was the 1994 or '95 ones that were the
    27        ones that were voluntary particulars that were introducing
    28        new issues.
    29
    30   MR. JUSTICE BELL:  What I would like you to do on Friday, if we
    31        have time, is refer me to those.  If, having read the note
    32        on page 321, you think you have an argument and, if you do
    33        think you have an argument that the Plaintiffs require
    34        leave to bring the particulars in, you wish to object to
    35        them being brought in, because if you do not object, even
    36        if Mr. Rampton does need leave I will probably give it to
    37        him.  So you have to think about what your attitude is on
    38        both counts.
    39
    40   MS. STEEL:   Just to maybe ask when, because there were about
    41        four statements served at the weekend and when that would
    42        be dealt with, whether they had leave to call them?
    43
    44   MR. JUSTICE BELL:  Bring that up on Friday as well.  What I want
    45        to do is make a list of the matters.  I will add that.  Do
    46        you object to them having leave for those statements?
    47
    48   MS. STEEL:   Certainly some of them.
    49
    50   MR. JUSTICE BELL:  Can you say which ones? 
    51 
    52   MS. STEEL:   I have only read them extremely briefly and I have 
    53        not discussed it with Mr. Morris, so ---
    54
    55   MR. MORRIS:  It is certainly an issue we want to bring up.
    56
    57   MS. STEEL:   -- I would rather not say right now.
    58
    59   MR. RAMPTON:  There are only two oral witnesses - that is Denise
    60        Pearce and Matthew House.  If objection is to be taken just

Prev Next Index