Day 139 - 21 Jun 95 - Page 41


     
     1   MR. MORRIS:  I think the witness was going to say something
     2        about -----
     3
     4   MR. RAMPTON:  I am sorry.  Before Mr. Morris asks any further
     5        questions, I want to make a formal objection to this sort
     6        of cross-examination, based on what the Court of Appeal has
     7        said in this case.  If Mr. Morris is going to persist in
     8        trying to find particulars of cases he does not know about,
     9        by reference to an inadmissible document, without a
    10        pleading or a witness statement, then I wish to make a
    11        formal objection.
    12
    13   MR. JUSTICE BELL:  I hoped you would see the good sense of what
    14        I have just said.  If you are going to pursue it, if you
    15        are not minded to agree with what I have just said, if you
    16        are going to pursue this, you must do it by showing me how
    17        you pass Neil's LJ test for making an allegation against
    18        McDonald's in this respect.
    19
    20   MR. MORRIS:  The witness was going to say about, at other times,
    21        there had been, New York -----
    22
    23   MR. RAMPTON:  I am sorry, my Lord.  This will not do.
    24
    25   MR. JUSTICE BELL:  You cannot ask the question.
    26
    27   MR. MORRIS:  I do not see why the truth is something that you
    28        should be frightened of.
    29
    30   MR. RAMPTON:  I am not frightened of it.  I am frightened that
    31        Mr. Stein may not catch his aeroplane next Friday.
    32
    33   MR. MORRIS:  He will catch is aeroplane on Friday.  We have
    34        already established that he will.
    35
    36   MR. JUSTICE BELL:  Do not bother, Mr. Rampton.  I have ruled in
    37        your favour.
    38
    39   MR. RAMPTON:  Well, my Lord, Mr. Morris pays no attention to
    40        your Lordship's rulings.
    41
    42   MR. JUSTICE BELL:  He will now.  Unless he has persuaded me that
    43        he can bring in an allegation which relates to a particular
    44        place, on the information which he has at present, he
    45        cannot ask further questions on this topic; and he cannot
    46        improve the situation by saying: "The witness might have
    47        been about to say something which might have given me some
    48        basis for it."
    49
    50   MR. RAMPTON:  Can I state my position succinctly, without 
    51        reference to the judgment?  It is this:  I understand the 
    52        Court of Appeal to say that you can plead something if you 
    53        believe it to be true and you have reasonable grounds for
    54        that belief.  So, on the pleading, you can try and
    55        establish your case by cross-examination.
    56
    57   MR. JUSTICE BELL:  Or reasonable grounds for supposing that you
    58        will find some evidence to support it.
    59
    60   MR. RAMPTON:  Yes.  So in that case, there has to be a pleading.

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