Day 084 - 07 Feb 95 - Page 18


     
     1        admitted.
     2
     3   MR. JUSTICE BELL:  Thank you very much.  What I suggest you do
     4        is that you go away and contemplate what has been said and
     5        come back and tell me what it is which is part of your
     6        case, whether pleaded or not, which has not been admitted,
     7        which is another way of saying accepted as fact by
     8        McDonald's.
     9
    10   MR. MORRIS:  I do not know.  I mean, as far as we can see, they
    11        have accepted as a fact.  It is only Mr. Walker who is not
    12        McDonald's anyway.
    13
    14   MR. JUSTICE BELL:  Yes, if that is your only worry, it is
    15        unnecessary because it does not matter what Mr. Walker
    16        said.  He is not one of the parties to the action.  I am
    17        not going to start wondering about what the facts are as
    18        pleaded by you and as admitted by the Plaintiffs just
    19        because Mr. Walker has said something inconsistent with the
    20        admission.
    21
    22   MR. RAMPTON:  No, my Lord.  I could not rely on what Mr. Walker
    23        has said unless I got leave to withdraw my admission.
    24
    25   MR. JUSTICE BELL:  The last thing I will say about that for the
    26        time being is you have only cause for concern, it seems to
    27        me on what I know about what is in your mind at the moment,
    28        if there is something you think you ought to have pleaded
    29        extra about Preston which you have not, in fact, pleaded;
    30        the result being that, McDonald's having admitted what you
    31        have pleaded, you are unable to call evidence on some point
    32        which you have not pleaded.  So, if there is some matter of
    33        fact, additional matter of fact, which on reflection you
    34        think you ought to have pleaded, you have to raise it with
    35        me in the future.
    36
    37   MR. MORRIS:  I think it is important to see it in the context of
    38        the pleading, the food poisoning outbreak in the pleadings
    39        (which is page 4 of the food poisoning section) is in
    40        answer to a McDonald's request based upon our pleadings of
    41        "meat being responsible for the majority of cases of food
    42        poisoning, particularly chicken and minced beef as used in
    43        burgers".  They asked us to state facts and matters relied
    44        upon to justify that allegation.  We said they were
    45        responsible for the outbreak of food poisoning in Preston,
    46        amongst other things.  So, I just think that is -----
    47
    48   MR. JUSTICE BELL:  You start on page 2.
    49
    50   MR. MORRIS:  That is all I am saying.  Yes. 
    51 
    52   MR. JUSTICE BELL:  You start on page 2 at the bottom of the 
    53        page.
    54
    55   MR. MORRIS:  Yes.  All I am saying is that the pleadings are in
    56        the context of justification of the original pleading, if
    57        you like, or the heading.  So, the admissions are in that
    58        context too.  I am not saying that the Plaintiffs are
    59        admitting the entire pleading ---
    60

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