Day 242 - 29 Apr 96 - Page 50


     
     1        will deal with it, in fact) has to apply for my leave.
     2
     3        But it seems to me the most sensible thing is for you to
     4        say whether you object or not, because if you do not
     5        object, I will just let them stay in the bundles where they
     6        are; if you do object, then I will hear argument about it
     7        and make a decision.  But what you really have to decide
     8        is, does your objection take you anywhere?  If leave were
     9        refused, if the documents are still going to be in the
    10        bundles, as they are entitled to be, then you may be asked
    11        about them anyway, whether they are pleaded or not.
    12
    13        It is rather different, it seems to me, to the amendment to
    14        the Defendants' case with regard to the prosecution.
    15
    16   MS. STEEL:  I understand it is different to that because that
    17        is, I do not know, but it is a question of whether it is
    18        different to something like, for example, pleading
    19        additional instances of McDonald's breaching the Young
    20        Persons Act or something like that.
    21
    22   MR. JUSTICE BELL:  I think the position there is that, having
    23        read the note, it seems to me probably the position was you
    24        could have put forward some voluntary particulars, but then
    25        if Mr. Rampton had objected to them, as I assume he would
    26        have done because he objected to them when you applied for
    27        leave to appeal, I would have had to hear argument as, in
    28        fact, I did on the question of amendment.
    29
    30   MS. STEEL:   I mean, I do not really know.  I mean, there are
    31        various parts in the voluntary particulars which concern us
    32        a great deal, mainly because they just seem pretty daft.
    33        For example, saying that because something was said at a
    34        later date, that meant that earlier on we had malice, or
    35        something like that, which I do not think follows at all,
    36        and various things like that, but I do not know whether
    37        they are just matters for argument at the end of the day.
    38
    39   MR. JUSTICE BELL:  I think they are.  You can say:  "that does
    40        not prove a thing, so far as this is concerned; what we did
    41        later cannot help the judge on what we did earlier or what
    42        our motivation would be earlier or was earlier".  But,
    43        query, whether something like that actually needs to be
    44        particularised.  Obviously, Mr. Rampton and Mr. Atkinson
    45        thought either if it did or if there was some doubt about
    46        it, it had better be set out in writing so that you could
    47        see it.
    48
    49   MR. MORRIS:  My opinion is that I cannot be bothered to oppose
    50        leave or to object, because all I am concerned about is 
    51        that I do not believe there is the usual innocent 
    52        explanation canvassed about why Mr. Rampton felt that it 
    53        should be put down on paper so we can see what the case
    54        against us is.
    55
    56        Throughout this case, it seems that the Plaintiffs have
    57        been extending their case continuously through legal means,
    58        and then later relying on it and that is what happened
    59        before with these voluntary particulars.  It was said
    60        something was part of their case and, for a substantial

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