Day 122 - 05 May 95 - Page 49


     
     1        do not know if there is more.
     2
     3   MR. JUSTICE BELL:  That is No. 73.
     4
     5   MR. MORRIS:  What happened, I think, is Mr. -----
     6
     7   MR. RAMPTON:  No, my Lord, I think it has been admitted.  I do
     8        not know the date of it but there was an affidavit from
     9        Mrs. Brinley-Codd -- the date is 18th May 1994 -- what the
    10        affidavit says is:  "Since this allegation will be the
    11        subject of an admission shortly to be served on the
    12        Defendants" -- that is a year ago -- "I am advised that
    13        there is no discovery to be made in relation to it".
    14
    15   MS. STEEL:  That was the reason why I was bringing it up,
    16        because I saw that and I cannot see any admission that has
    17        been made.
    18
    19   MR. RAMPTON:  So be it.  Maybe another error was made.
    20
    21   MR. JUSTICE BELL:  Yes.  But, so far as you are aware, it is to
    22        be admitted that she suffered an injury and ---
    23
    24   MR. RAMPTON:  Yes.
    25
    26   MR. JUSTICE BELL:  -- the insurers, presumably, settled, paid
    27        her a sum in respect of that?
    28
    29   MR. RAMPTON:  Presumably.  In fact, there are some papers about
    30        it -- what quite what they are, I do not know because
    31        I have not looked -- in the pink files.
    32
    33   MR. JUSTICE BELL:  Do you know anything about a Sarah Stibbards
    34        being injured?
    35        A.  Not offhand, my Lord.  I remember the name coming up.
    36
    37   Q.   You do, do you?
    38        A.  Yes, I do.  I remember the name coming up.  I made some
    39        enquiries.
    40
    41   Q.   But in relation to the case or before?
    42        A.  No relation to the case.  I do not know anything about
    43        the case personally.
    44
    45   MR. MORRIS:  Is it safe for us to assume that we do not have
    46        to -----
    47
    48   MR. RAMPTON:  If Mr. Nicholson does not know anything about it
    49        anyway, there is not much point in cross-examining him
    50        about it. 
    51 
    52   MR. JUSTICE BELL:  No, the only point that is being made is that 
    53        if an admission was promised in the affidavit, we had
    54        better have one whether by -----
    55
    56   MR. RAMPTON:  My Lord, please assume that it is admitted unless
    57        some terrible volte face has taken place -----
    58
    59   MR. JUSTICE BELL:  Yes, assume admitted as pleaded.
    60

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