Day 164 - 26 Sep 95 - Page 12


     
     1
     2   MR. JUSTICE BELL:  I have got your point in relation to that and
     3        I have Mr. Rampton's answer.  It was only if you had some
     4        specific point you wanted to make on (5) to (11).
     5
     6   MR. MORRIS:  Mr. Rampton on No. 7 -- this is the only point
     7        I have to make -- said that the Plaintiffs' appealed.  He
     8        does not know they appealed, of course, because it was only
     9        a newspaper cutting.
    10
    11   MR. RAMPTON:  It was a newspaper cutting upon which Mr. Morris
    12        relies which is why it is a misrepresentative pleading.  It
    13        is a distortion.
    14
    15   MR. MORRIS:  I am entitled to rely on newspaper cuttings as Neil
    16        LJ said; newspaper cuttings were a perfectly valid basis
    17        for raising a pleading.
    18
    19   MR. JUSTICE BELL:  That is what Mr. Rampton is relying on as
    20        well.  What you would say is you do not know the result of
    21        the appeal.
    22
    23   MR. MORRIS:  No, and we are entitled to plead the situation as
    24        we know it, which is that is the fact they were fined.  So
    25        that is the situation, as we understand it, and there is no
    26        other evidence further to that.
    27
    28        I think that, basically, is it, I think.  Can I make
    29        another -- I did contact Mr. Richard North last night and
    30        spoke to him.  He has been involved with a number of court
    31        cases over the last four months.  He says that he
    32        apologises for not having done something, but that he will
    33        try to do something by the end of October.  He said he has
    34        not had any holiday this summer, so I do not want to put
    35        pressure on him.
    36
    37   MR. JUSTICE BELL:  All I would say with regard to -- while it is
    38        on my mind I will say it now -- new statements and further
    39        evidence, that I have been reluctant to say:  "Too late,
    40        too late" partly because you are representing yourselves
    41        and partly because I am disinclined to say I will not hear
    42        evidence which might help me to the truth of the matter.
    43        But as we go on and time passes the strength of the
    44        argument:  "Look, we must have an end to new facets of the
    45        case", gets stronger and stronger.  I am sure you are aware
    46        of that.
    47
    48   MR. MORRIS:  Yes.  I think it should be borne in mine that
    49        McDonald's themselves have served a number of new
    50        statements in the last few weeks. 
    51 
    52   MR. JUSTICE BELL:  What I say applies to McDonald's as much as 
    53        it does to you.
    54
    55   MR. RAMPTON:  I do not know that I have served any new
    56        statements in relation to food poisoning.
    57
    58   MR. MORRIS:  No.
    59
    60   MR. RAMPTON:  In relation to employment, yes, in relation to

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