Day 057 - 29 Nov 94 - Page 55


     
     1        asking him for his comments.  The material in it is
     2        privileged.  I do not know either how they got hold of it,
     3        why when they got hold of it they did not inform the person
     4        who gave it to them that this was a privileged document.
     5
     6   MR. JUSTICE BELL:  I will wait and see.  Of course, they may or
     7        may not have known that it was privileged.  Are there any
     8        other points in relation to the Further and Better
     9        Particulars of the Defence?
    10
    11   MS. STEEL:  Yes, there are.
    12
    13   MR. JUSTICE BELL:  This is sticking to item 4 on Mr. Morris'
    14        list.  We are not on item 5 yet.
    15
    16   MS. STEEL:   I am not sure what is going on here, but on page 19
    17        under answer No. 13, I presume this is some kind of a
    18        mistake, in the brackets it has got "C ..." and the first
    19        two letters.  Really the main point we have in relation to
    20        these particulars being ----
    21
    22   MR. JUSTICE BELL:  Is that your last point on the Particulars?
    23
    24   MS. STEEL:  No.  The main point is the last one really which is
    25        on page 26 it is said in relation to both the
    26        demonstrations and the fairs that the precise steps of
    27        organisation of those series of demonstrations and fairs
    28        must be known to the Defendants.  Obviously that is not a
    29        satisfactory answer in particulars.  When we pleaded,
    30        I think it was about two years ago now, that the Plaintiffs
    31        must know their own rates of pay, therefore it was
    32        unnecessary for us to say them, we said something similar
    33        and we were ordered to give details of what our case was.
    34        So a similar situation should arise here and they should
    35        have to give those particulars.
    36
    37   MR. MORRIS:  That would apply to all our pleadings.  We have
    38        said that if the Plaintiffs know the facts, whether they
    39        are true or not, and we have been told our obligation to
    40        give further particulars and prove them.  Likewise they
    41        have to as well.
    42
    43   MR. JUSTICE BELL:  The same applies to 32, does it?
    44
    45   MS. STEEL:  Yes, 32 and 33 are the same thing.  They are
    46        different but it is the same point.
    47
    48   MR. JUSTICE BELL:  It is the same point.
    49
    50   MS. STEEL:  I think they were the points I picked out where we 
    51        had concerns about the pleadings. 
    52 
    53   MR. JUSTICE BELL:  Is there any further comments on the Further
    54        and Better Particulars?
    55
    56   MS. STEEL:   I do not think so.  The only other thing that does
    57        concern me, this is not just in relation to these Further
    58        and Better Particulars, that the Plaintiffs keep relying on
    59        whole bundles of leaflets.  I wrote to them at some stage
    60        and asked them to provide a list of when and where they say

Prev Next Index