Day 240 - 24 Apr 96 - Page 49
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2 MR. JUSTICE BELL: What I suggest you do is you read the note to
3 which Mr. Rampton has referred -- I am not going to read it
4 now -- and then come back to it on Friday if you want and
5 refer me not only to these ones but the other ones you are
6 talking about. The May and July particulars, it is too
7 late because I have given a ruling on that and that is
8 that. I cannot go back on to that, but if there are other
9 ones where you want to say leave is required for that, then
10 raise it on Friday.
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12 MS. STEEL: Which ones have you already given the ruling on?
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14 MR. JUSTICE BELL: When I gave leave to re-amend the Statement
15 of Claim I referred to the fact that further and better
16 particulars have been given, I think in May 1991 and July
17 1992, and, as Mr. Morris said, that was part of my
18 reasoning in my ruling. That ruling, as made, stands. If
19 it was wrong, your remedy is elsewhere, not by asking me to
20 reconsider it.
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22 MR. RAMPTON: Anyway, those were not voluntary.
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24 MR. JUSTICE BELL: No, very well.
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26 MR. MORRIS: I think it was the 1994 or '95 ones that were the
27 ones that were voluntary particulars that were introducing
28 new issues.
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30 MR. JUSTICE BELL: What I would like you to do on Friday, if we
31 have time, is refer me to those. If, having read the note
32 on page 321, you think you have an argument and, if you do
33 think you have an argument that the Plaintiffs require
34 leave to bring the particulars in, you wish to object to
35 them being brought in, because if you do not object, even
36 if Mr. Rampton does need leave I will probably give it to
37 him. So you have to think about what your attitude is on
38 both counts.
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40 MS. STEEL: Just to maybe ask when, because there were about
41 four statements served at the weekend and when that would
42 be dealt with, whether they had leave to call them?
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44 MR. JUSTICE BELL: Bring that up on Friday as well. What I want
45 to do is make a list of the matters. I will add that. Do
46 you object to them having leave for those statements?
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48 MS. STEEL: Certainly some of them.
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50 MR. JUSTICE BELL: Can you say which ones?
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52 MS. STEEL: I have only read them extremely briefly and I have
53 not discussed it with Mr. Morris, so ---
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55 MR. MORRIS: It is certainly an issue we want to bring up.
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57 MS. STEEL: -- I would rather not say right now.
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59 MR. RAMPTON: There are only two oral witnesses - that is Denise
60 Pearce and Matthew House. If objection is to be taken just
