Day 149 - 06 Jul 95 - Page 12
1 Because they were arguing there was no evidence whatsoever,
2 I was basically trying to justify either that it was
3 admitted or that it was reasonable belief.
4
5 I think if we go back to square one, maybe, with this whole
6 issue, which is that obviously there is reasonable belief,
7 because we have pleaded it. Whether or not it is admitted
8 or not is a red herring at the moment; and if we have a
9 pleading then we are entitled to discovery. I thought
10 today I was trying to justify the reasonable belief, and
11 I was going to develop that further with further
12 information.
13
14 MR. JUSTICE BELL: I think you may be right about that, because
15 that is what I may have pointed you at, at a time when --
16 maybe you will have no trouble persuading me -- I did not
17 have page 16 in my mind. Just pause for a moment.
18
19 What I suggest you do -- because I was reminding myself
20 what you had got in -- your application to amend, which you
21 are going to deal with, hopefully, the week after next; and
22 you refer to soya particularly in items 3 and 4. What
23 I have already suggested to you is that when you deal with
24 your application to amend, you also tell me what further
25 discovery you think you should have, if you are granted
26 leave to amend on any or all of items 1 to 5, because
27 although, if you get leave to amend, discovery of any
28 documentation which is relevant to an issue should follow,
29 I can see some advantage in trying to shortcut the
30 procedure by giving an indication (if not a ruling) on what
31 I would expect the Plaintiffs to look for.
32
33 MR. MORRIS: So, to cut a long story short, is it really better
34 that I deal with this at the same time as all the other
35 matters next week?
36
37 MR. JUSTICE BELL: What I think is better is that you deal with
38 soya discovery, including the one related to the pleading
39 which you have got in any event on page 16, in parlance
40 with your application to amend to include two additional
41 soya allegations. In fact, one of the points which I would
42 like the help of some argument on is the extent to which
43 you want to plead actually expands on what you have on
44 page 16 ---
45
46 MR. MORRIS: Yes.
47
48 MR. JUSTICE BELL: -- because I found page 16 when I was
49 thinking about possible amendments 1 to 5. I think it is
50 only fair to tell you that I may well not have had it in
51 mind when I made my February ruling; and I reminded myself
52 of it only when I was giving some thought to your 1 to 5.
53
54 MR. MORRIS: It was my fault. I should have referred you to it,
55 really.
56
57 MR. JUSTICE BELL: What I suggest you do, unless Mr. Rampton
58 wants it argued out today -- I would be a bit surprised if
59 he does, but there you are -- is deal with it all in one go
60 with your amendments 3 and 4 the week after next.
