Day 253 - 21 May 96 - Page 45


     
     1        going to be new to me.
     2
     3   MR. RAMPTON:  It was new to me too.
     4
     5   MR. JUSTICE BELL:  Without looking at any of the law, my
     6        instinctive reaction is to find it easier to follow the
     7        second point than the first.  That is, the identification
     8        of the dates and locations, but obviously I will hear what
     9        you say to me about that, and all I am saying is that I
    10        would like to deal with that on Thursday if it is possible
    11        so I may be able to give a ruling before everyone goes away
    12        for the Friday and then the legal vacation.  If, with Mr.
    13        Atkinson's help, you are able to hand in tomorrow a list of
    14        any cases you hope to refer to, or text books, that would
    15        obviously help me get ready for it.
    16
    17   MR. RAMPTON:  We can certainly do that.  I know the names of
    18        them all.  I just do not happen to have them.
    19
    20   MR. JUSTICE BELL:  It is a question of, if you can write them
    21        down in however informal a fashion so I and the Defendants
    22        can take them away tomorrow that would be helpful.
    23
    24   MR. RAMPTON:  We will do that, my Lord.
    25
    26        The only other thing I would say is this, although it is no
    27        doubt right that the Defendants' new pleading gives rise to
    28        new issues, I am somehow surprised, to say the least, that
    29        we have been offered nothing to support the new amendment
    30        from their side.  I do not know why it should be that they
    31        should advance an amendment which appears to have, thus far
    32        at least, no evidential foundation whatsoever.
    33
    34        I do appreciate, of course, that they have served Mrs.
    35        Tiller's statement.  Beyond that, I am in the dark and it
    36        does seem to us a little unfair to say the least that we
    37        should be expected to answer interrogatories to make
    38        discovery etcetera, in relation to matters for which the
    39        Defendants must have had a foundation at the time when they
    40        drafted and got leave for that amendment.
    41
    42   MR. JUSTICE BELL:  Without hearing Mr. Morris or Ms. Steel, what
    43        it seems to me at the moment is that the claim for leave to
    44        amend was based on what they said they could glean from
    45        your witness statements and inferences which they said
    46        might be drawn from them.  In so far as it relies solely on
    47        that, then obviously there is no further evidence
    48        forthcoming.
    49
    50        In so far as their case under paragraph 9 or 9A relies in 
    51        addition to any inference they can ask me to draw from your 
    52        evidence as they anticipated it to be, in so far as it 
    53        relies upon evidence which they expect to give themselves,
    54        or they expect witnesses of theirs to give, then they
    55        should serve statements on you, but for all I know, at the
    56        moment, there is not going to be any further evidence from
    57        them or their witnesses because no statements have been
    58        forthcoming.  Is that not the correct assessment of the
    59        situation?
    60

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