Day 107 - 24 Mar 95 - Page 16
1 if this whole question were put over (a) until the
2 Defendants, if they wish to do so, take up your Lordship's
3 suggestion of getting legal advice about this question; (b)
4 producing any amendment which might bring in matters which
5 are presently excluded by the rules.
6
7 Then if Mr. North comes back and there are particular
8 questions which they want to raise with him in relation to
9 this report, then everything will be in order. I will get
10 notice, I hope, in advance -- he is going to do a further
11 statement -- of what conclusions he draws from those
12 particular parts of the report and then everything can be
13 dealt with in the proper way.
14
15 MR. MORRIS: It is just more time and more effort on our part.
16
17 MR. RAMPTON: Yes.
18
19 MR. MORRIS: I think that, really, you know, we have done
20 already an enormous amount of work and thinking and effort
21 around this document. To be honest, it is just we cannot
22 do an indefinite amount of work. There are only two of us
23 doing this case. We cannot keep doing it.
24
25 MR. JUSTICE BELL: Yes, but if you do not, you see -- at the
26 moment I have ruled that report does not stand as evidence
27 on its own account. It does not matter it is a PHLS
28 report.
29
30 MR. MORRIS: How does a Civil Evidence Notice that has not been
31 challenged apply now?
32
33 MR. JUSTICE BELL: The situation with regard to the Civil
34 Evidence Act Notice is this: If my recollection is right,
35 I extended the time for McDonald's to serve a counter
36 notice until I could see whether anything actually in the
37 report upon which you based an allegation which was
38 pleaded, because I thought this ought to be pleaded,
39 remained unadmitted and, therefore, in issue.
40
41 MS. STEEL: With respect, that is not correct because the
42 extension -----
43
44 MR. JUSTICE BELL: If I might say so, just relax and put any
45 argument to me you will. If I have said something
46 inconsistent with that in the past, then I would like to be
47 reminded of it. I need your assistance in relation to it;
48 not just an argument about it. Please sit down, Mr. North.
49 Do you want to have a little break first?
50
51 MS. STEEL: No. The extension was until one week after the
52 decision had been made on our amendments to the pleadings.
53 That has long since passed.
54
55 MR. JUSTICE BELL: I think you do need a little break.
56
57 MR. RAMPTON: My Lord, may I say this just before we break so
58 that the Defendants can think about it, they clearly do not
59 understand (and they are not lawyers so they are not to be
60 blamed) what the effect of admissions are. The Civil
