Day 242 - 29 Apr 96 - Page 50
1 will deal with it, in fact) has to apply for my leave.
2
3 But it seems to me the most sensible thing is for you to
4 say whether you object or not, because if you do not
5 object, I will just let them stay in the bundles where they
6 are; if you do object, then I will hear argument about it
7 and make a decision. But what you really have to decide
8 is, does your objection take you anywhere? If leave were
9 refused, if the documents are still going to be in the
10 bundles, as they are entitled to be, then you may be asked
11 about them anyway, whether they are pleaded or not.
12
13 It is rather different, it seems to me, to the amendment to
14 the Defendants' case with regard to the prosecution.
15
16 MS. STEEL: I understand it is different to that because that
17 is, I do not know, but it is a question of whether it is
18 different to something like, for example, pleading
19 additional instances of McDonald's breaching the Young
20 Persons Act or something like that.
21
22 MR. JUSTICE BELL: I think the position there is that, having
23 read the note, it seems to me probably the position was you
24 could have put forward some voluntary particulars, but then
25 if Mr. Rampton had objected to them, as I assume he would
26 have done because he objected to them when you applied for
27 leave to appeal, I would have had to hear argument as, in
28 fact, I did on the question of amendment.
29
30 MS. STEEL: I mean, I do not really know. I mean, there are
31 various parts in the voluntary particulars which concern us
32 a great deal, mainly because they just seem pretty daft.
33 For example, saying that because something was said at a
34 later date, that meant that earlier on we had malice, or
35 something like that, which I do not think follows at all,
36 and various things like that, but I do not know whether
37 they are just matters for argument at the end of the day.
38
39 MR. JUSTICE BELL: I think they are. You can say: "that does
40 not prove a thing, so far as this is concerned; what we did
41 later cannot help the judge on what we did earlier or what
42 our motivation would be earlier or was earlier". But,
43 query, whether something like that actually needs to be
44 particularised. Obviously, Mr. Rampton and Mr. Atkinson
45 thought either if it did or if there was some doubt about
46 it, it had better be set out in writing so that you could
47 see it.
48
49 MR. MORRIS: My opinion is that I cannot be bothered to oppose
50 leave or to object, because all I am concerned about is
51 that I do not believe there is the usual innocent
52 explanation canvassed about why Mr. Rampton felt that it
53 should be put down on paper so we can see what the case
54 against us is.
55
56 Throughout this case, it seems that the Plaintiffs have
57 been extending their case continuously through legal means,
58 and then later relying on it and that is what happened
59 before with these voluntary particulars. It was said
60 something was part of their case and, for a substantial
