Day 057 - 29 Nov 94 - Page 51


     
     1        out all the things I had queries about which I wanted to
     2        get legal advice on and I have not done so.  I may bring
     3        some of those up.  There are some things I will not bring
     4        up that are on my list, and then there are other things we
     5        want to make an application even though we have not had
     6        legal advice at this stage.
     7
     8   MR. JUSTICE BELL:  If I can bring a bit of joy and happiness
     9        into the case, I have just found mine in the counterclaim
    10        folder!  You are going to have to introduce me to this.  It
    11        is some considerable time since I looked at the
    12        counterclaim pleadings.  Are you ready to do that or not?
    13
    14   MS. STEEL:  What do you mean by "introduce"?
    15
    16   MR. JUSTICE BELL:  You are going to have to tell me what the
    17        difficulty is generally with regard to further and better
    18        particulars of the counterclaim and what you are seeking at
    19        the moment which you have not got.
    20
    21   MS. STEEL:   OK.  I think the last time the Counterclaim was
    22        raised was on 8th June.
    23
    24   MR. JUSTICE BELL:  That is why I need reminding about it.
    25
    26   MS. STEEL:   I presume you remember the Counterclaim arises out
    27        of a leaflet and press releases?
    28
    29   MR. JUSTICE BELL:  Yes, indeed, I remember that.  It is the
    30        Further and Better Particulars that I have forgotten about.
    31
    32   MS. STEEL:  We served the request for further and better
    33        particulars of the Plaintiffs' Defence to Counterclaim and
    34        they answered those, but the answers are incomplete and
    35        unsatisfactory.
    36
    37   MR. JUSTICE BELL:  Take me to the parts which you say are
    38        unsatisfactory.
    39
    40   MS. STEEL:  Have you got the Further and Better Particulars of
    41        the Defence to Counterclaim and the Request that came
    42        before that?
    43
    44   MR. JUSTICE BELL:  I have a bundle which is Further and Better
    45        Particulars of the Defence to Counterclaim and that has the
    46        Request as well as the Answers.
    47
    48   MS. STEEL:  Yes, OK.  We can probably manage easily enough with
    49        that then.  There is a point on page 6.  I am sorry about
    50        this because it is not properly worded.  The Plaintiffs 
    51        have said that where examples are given in these 
    52        particulars they are given in order to help the Defendants 
    53        and not to limit the evidence to be adduced by the Second
    54        Plaintiff.  This is all about what they say the full
    55        statements are.  That concerns me in that they are not
    56        being specific about what their case is.
    57
    58   MR. ATKINSON:  Read on.
    59
    60   MS. STEEL:  Reading on does not help the fact that the

Prev Next Index