Day 270 - 28 Jun 96 - Page 35


     
     1        not, and all the argument is heard at the same time?
     2
     3   MR. RAMPTON:  True.
     4
     5   MR. JUSTICE BELL:  So, the effect of it is that you are asking
     6        that I direct, if leave is given, that the third parties
     7        come into this trial ---
     8
     9   MR. MORRIS:  Can I just say one thing?
    10
    11   MR. JUSTICE BELL:  -- on day 270.  But there we are.
    12
    13   MS. STEEL:  Obviously, if they wanted to plead justification,
    14        then we might have to agree to them being ----
    15
    16   MR. JUSTICE BELL:  I am not going to prejudge it.  I have made
    17        the points I wanted you to take away with you.
    18
    19        Is there anything else which must be dealt with?
    20
    21   MR. MORRIS:  Just in case Mr. Rampton does not come back, I have
    22        got one thing to say.  One of the statements that we hope
    23        to read out this afternoon will be from Leanne
    24        Claufine-Caston, who, if you remember, was the US person
    25        who had visited the Montfort Plant and had studied the
    26        hygiene facilities there.
    27
    28   MR. RAMPTON:  In that case, I will come back because the whole
    29        of that is objectionable on the ground of double hearsay.
    30
    31   MR. JUSTICE BELL:  Very well.  We will deal with that at five
    32        past two.
    33
    34                        (Luncheon adjournment)
    35
    36   MR. RAMPTON:  My Lord, may I deal with the Claufine-Caston
    37        statement?
    38
    39   MR. JUSTICE BELL:  Just pause a moment, Mr. Rampton.  This is
    40        60A, is it, the complete one?
    41
    42   MR. RAMPTON:  It is, my Lord, yes.
    43
    44   MR. JUSTICE BELL:  So that goes behind the Hackney and Islington
    45        poster?
    46
    47   MR. RAMPTON:  It does, my Lord, yes.
    48
    49   MR. JUSTICE BELL:  The next thing is I think I was wrong just
    50        before the break when I said that notice had to be given of 
    51        any application to issue third party proceedings, that 
    52        notice had to be given to Mr. Pocklington, Mr. Bishop and 
    53        Mr. Claire because order 16 rule 2 of the Rules of the
    54        Supreme Court - just take a note for the moment, you need
    55        not look it up - on page 261 of the White Book says that an
    56        application for leave to issue a third party notice may be
    57        made ex parte but the court may direct a summons for leave
    58        to be issued.
    59
    60        If there is merit in the application, I would want to, or

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