Day 019 - 27 Jul 94 - Page 51


     
     1        It is their obligation to plead the specific nature of
              their case.  If they choose not to do so -- your Lordship
     2        will remember this is a late amendment -- then they have
              only themselves to blame.  I do not see why we should bear
     3        the burden at this late stage of the case of contesting
              allegations which are not made on the pleadings.
     4
         MS. STEEL:  Apart from anything else, I think we can carry on
     5        with cross-examination unless the Plaintiffs can find
              their admission.
     6
         MR. RAMPTON:  I can tell your Lordship that it was served on
     7        6th January 1994 ---
 
     8   MR. JUSTICE BELL:  If there is going to be an issue about it, I
              had better have a look at it.  If it is going to take time
     9        and you are not -----
 
    10   MR. RAMPTON:  -- by a letter addressed to Ms. Steel at
              ****************, ************** which, I believe, to be
    11        her address.
 
    12   MR. JUSTICE BELL:  What does it say?  What does the admission
              say?
    13
         MR. RAMPTON:  I have not the actual admission with me; it is
    14        not in the correspondence bundle.
 
    15   MR. JUSTICE BELL:  Put this over and if I am shown the
              admission, I will give a ruling on it.  What were the
    16        natures of your general questions you want to ask?
 
    17   MR. MORRIS:  The point about, even the admission has been made
              (which, of course, it would be very helpful if an
    18        admission is made) but the point is that the general
              pleadings cover  -----
    19
         MR. JUSTICE BELL:  Forget about the pleadings for a moment.
    20        What were the general questions that you wanted to put to
              Mr. Gregory?  What particular -----
    21
         MR. MORRIS:  I was going to compare the conditions, in broad
    22        terms, for laying hens with the broilers, and I was hoping
              to do it fairly quickly.
    23
         MR. JUSTICE BELL:  What I suggest -----
    24
         MR. MORRIS:  There was also the slaughter of the chickens when
    25        they had finished their laying life, the slaughter
              conditions of those chickens which comes under the general 
    26        heading of "chicken slaughter".  Obviously that is coming 
              up in a minute. 
    27
         MR. JUSTICE BELL:  What I propose, unless you wish to argue
    28        further, Mr. Rampton, because I obviously take the point
              about not taking up significant periods of times on
    29        matters which are not in issue ---
 
    30   MR. RAMPTON:  That is all I am worried about.
 

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