Day 019 - 27 Jul 94 - Page 49


     
     1        a topic which is in issue on the pleadings or not.  But
              let us suppose for a moment you could ask questions, if
     2        you wanted to, what you have to judge is whether it is
              going to be productive from your point of view to do that
     3        because you do not know what this witness has actually
              found.
     4
         MR. MORRIS:  You mean, if they had made admissions, is that
     5        what you are saying?
 
     6   MR. JUSTICE BELL:  No.  What I am saying now is Mr. Gregory has
              not embarked, for whatever reason, on reporting what he
     7        found at Oasters.  Therefore, you do not have to
              cross-examine him about it.  If you cross-examine him
     8        about it, you might make what you thought was some
              progress.  On the other hand, you might get an answer
     9        which you do not like which you would not have got if you
              had not asked the questions in the first place.  Do you
    10        understand?
 
    11   MR. MORRIS:  Yes.  I was just surprised he had any personal
              knowledge.  All I was going to do was ask questions of a
    12        general nature about comparisons between laying hens and
              broiler chickens and conditions.  But as it is obvious
    13        that Mr. Gregory has some personal knowledge about
              Oasters, we ought really to prepare a more detailed -----
    14
         MR. JUSTICE BELL:  If you want to ask any questions at all,
    15        that is my point.  Do you see?
 
    16   MR. MORRIS:  Yes.
 
    17   MR. RAMPTON:  I am not at all sure, My Lord, that it is
              permissible to ask questions about a matter which has been
    18        admitted in its entirety, if I am right that it has been
              (and I am sure that I am).  An allegation is made in
    19        specific terms in the Defence, my recollection is to the
              effect that -- I had better look it up to see exactly what
    20        it says -- it was originally in the reamended defence.
              What it says is, it is on page 5 of tab 6:  "McDonald's
    21        uses" -----
 
    22   MR. JUSTICE BELL:  Let me just find it.
 
    23   MR. RAMPTON:  I am sorry, My Lord.  It is the first complete
              paragraph.
    24
         MR. JUSTICE BELL:  Yes, I have that.  What is the answer to
    25        that?  There is a notice of admission, is there?
  
    26   MR. RAMPTON:  Yes, in those terms, so far as I am aware.  I do 
              not know where Mr. Atkinson has gone and I do not have an 
    27        up to date -- as far as I am aware, that allegation has
              been admitted in terms.  That means it is no longer an
    28        issue in the action.  That means that I have to submit
              that it is not actually permissible for the defendants to
    29        ask questions about it.  That is the extent of their
              allegation and the whole extent of their allegation, if I
    30        am right, has been admitted.
 

Prev Next Index