Day 146 - 03 Jul 95 - Page 29
1 Lordship wants me to, but if your Lordship would like to
2 read that, it is quite a long paragraph.
3
4 MR. JUSTICE BELL: Yes.
5
6 MR. ATKINSON: Included in that paragraph that your Lordship
7 has just been looking at, that is issue (a) in our letter
8 of 3rd February, that answers your Lordship's question on
9 that. In the paragraph you were looking at in the Defence
10 to Counterclaim, i.e. particular 7, one sees there
11 reference to responsibility on the part of the Defendants
12 for organising demonstrations and anti-McDonald's fairs.
13 This is where issues (c) and (d) come in in the letter of
14 3rd February. For that one needs to go to another
15 pleading. This is the one I am slightly concerned as to
16 whether your Lordship has or you have not. I think your
17 Lordship has this one actually. It should be the fourth
18 pleading in the bundle and it is called Further and Better
19 Particulars of the Defence to Counterclaim.
20
21 MR. JUSTICE BELL: It may be somewhere else, but I have Request
22 Further and Better Particulars of the Defence to
23 Counterclaim and then there is nothing in divider 4.
24
25 MR. ATKINSON: That is what was worrying me.
26
27 MR. JUSTICE BELL: In fact the dividers go all the way from 4 to
28 20 but there is nothing in them.
29
30 MR. ATKINSON: If Mrs. Brinley-Codd can hand up her file.
31
32 MR. JUSTICE BELL: Perhaps a photocopy can be made and I will
33 insert it in divider 4. Those are the Further and Better
34 Particulars themselves.
35
36 MR. ATKINSON: Yes. They are the first lot of Further and
37 Better Particulars. If your Lordship wants the date on
38 which they were served, it was 15th July 1994. At page 25
39 of that pleading there is a request No. 32 and No. 33, if
40 your Lordship just reads that to yourself. Then if one
41 goes over the page the answer is given by the Plaintiffs or
42 the Second Plaintiff.
43
44 MR. JUSTICE BELL: Yes.
45
46 MR. ATKINSON: So that is paragraphs 32 and 33.
47
48 MR. JUSTICE BELL: So what you are doing is setting out they
49 were involved in these matters although they denied it, and
50 you are asking for a list of documents in relation to any
51 involvement on that issue?
52
53 MR. ATKINSON: That is correct. I will just finish off going
54 through the trawl of meetings, because your Lordship at a
55 hearing in December last year said to me that I must do a
56 further set of Further and Better Particulars to do with
57 answers 32 and 33, amongst other things, in which I set out
58 further the facts and matters upon which the Second
59 Plaintiff was relying for the inference that the Defendants
60 organised and were involved in the demonstrations listed in
