Day 270 - 28 Jun 96 - Page 35
1 not, and all the argument is heard at the same time?
2
3 MR. RAMPTON: True.
4
5 MR. JUSTICE BELL: So, the effect of it is that you are asking
6 that I direct, if leave is given, that the third parties
7 come into this trial ---
8
9 MR. MORRIS: Can I just say one thing?
10
11 MR. JUSTICE BELL: -- on day 270. But there we are.
12
13 MS. STEEL: Obviously, if they wanted to plead justification,
14 then we might have to agree to them being ----
15
16 MR. JUSTICE BELL: I am not going to prejudge it. I have made
17 the points I wanted you to take away with you.
18
19 Is there anything else which must be dealt with?
20
21 MR. MORRIS: Just in case Mr. Rampton does not come back, I have
22 got one thing to say. One of the statements that we hope
23 to read out this afternoon will be from Leanne
24 Claufine-Caston, who, if you remember, was the US person
25 who had visited the Montfort Plant and had studied the
26 hygiene facilities there.
27
28 MR. RAMPTON: In that case, I will come back because the whole
29 of that is objectionable on the ground of double hearsay.
30
31 MR. JUSTICE BELL: Very well. We will deal with that at five
32 past two.
33
34 (Luncheon adjournment)
35
36 MR. RAMPTON: My Lord, may I deal with the Claufine-Caston
37 statement?
38
39 MR. JUSTICE BELL: Just pause a moment, Mr. Rampton. This is
40 60A, is it, the complete one?
41
42 MR. RAMPTON: It is, my Lord, yes.
43
44 MR. JUSTICE BELL: So that goes behind the Hackney and Islington
45 poster?
46
47 MR. RAMPTON: It does, my Lord, yes.
48
49 MR. JUSTICE BELL: The next thing is I think I was wrong just
50 before the break when I said that notice had to be given of
51 any application to issue third party proceedings, that
52 notice had to be given to Mr. Pocklington, Mr. Bishop and
53 Mr. Claire because order 16 rule 2 of the Rules of the
54 Supreme Court - just take a note for the moment, you need
55 not look it up - on page 261 of the White Book says that an
56 application for leave to issue a third party notice may be
57 made ex parte but the court may direct a summons for leave
58 to be issued.
59
60 If there is merit in the application, I would want to, or
