Day 087 - 10 Feb 95 - Page 32
1 counsel on one side, I have litigants in person on the
2 other. You have done jolly well on some aspects, but I do
3 not know what you might argue. This is in no way a
4 suggestion that Mr. Rampton is in any way not bringing
5 forward matters which might help me and I am quite sure he
6 is not, but the fact is I do not have a lawyer on your side
7 who might think of something from your point of view which
8 you had not thought of yourself.
9
10 There are two members of the Bar whom I know (one of them
11 quite well) have appeared in court and, therefore, I have
12 recognised them and you have had what I assume to be pupils
13 from time to time. Are you prepared to tell me whether you
14 have got some kind of legal assistance and, if so, how long
15 it takes you to get it, not just generally but on a point
16 like this?
17
18 MR. MORRIS: We get advice from time to time. That is basically
19 it really because the case is so complex that even an
20 experienced person like -- when Patrick Milmo did our Court
21 of Appeal thing, it took us three weeks just to brief him.
22 Effectively, it did not save us time although, of course,
23 he added weight to our application and expertise. But
24 often it takes us so long just to explain to somebody what
25 the situation is. A lot of the pattern has already been
26 set in the case. We had to do it ourselves.
27 Fundamentally, we have to do it ourselves.
28
29 MR. JUSTICE BELL: You have transcripts. The point I am
30 concerned about, which is in relation, first of all, to the
31 Preston report and, secondly, the American report, and the
32 argument you have put forward in relation to whether they
33 are scientific papers is all on bits of transcripts which
34 you can isolate.
35
36 MR. MORRIS: But whether we replead and how much we replead,
37 because, effectively, it was quite clear to us that the
38 Plaintiffs made a full admission of responsibility. That
39 Preston pleading was in the section under Justification of
40 our allegation of our pleading, that meat, particularly
41 minced meat, or whatever, is responsible for the majority
42 of food poisoning incidents. So, they have admitted
43 responsibility and then we are faced with this area of
44 doubt which we do not know exactly what the doubt is. So,
45 we want to test that doubt by referring to the actual -----
46
47 MR. JUSTICE BELL: What is the area of doubt?
48
49 MR. MORRIS: I do not know because to me the Preston report
50 clearly identifies what the problem was, to all intents and
51 purposes, which the Plaintiffs have admitted responsibility
52 for. The question is what exactly are the Plaintiffs
53 prepared to admit or not admit, we do not know, so I do not
54 want to -----
55
56 MR. JUSTICE BELL: We have gone around in a circle again. That
57 is why it is so important for you to isolate what apart
58 from -- if you think the allegation you have made in
59 relation to Preston in your pleading is too bare to serve
60 your purpose, what is it you want to add to it?
