Day 084 - 07 Feb 95 - Page 17
1 therefore, in the overall context of the case it should be
2 ignored". But, my Lord, what it does do is to exclude
3 evidence on the topic. That applies right across the board
4 of the admissions that have been made.
5
6 It sometimes happens (and I freely admit this may be my
7 fault for not looking at the Defendants' pleading more
8 carefully) that the original pleading is so woolley that it
9 is not apparent what the admission excludes viz. heart
10 disease.
11
12 MR. JUSTICE BELL: That is what occurred to me. I mean, in the
13 best ordered litigation, the necessary factual matrix for a
14 party's case, for instance, Ms. Steel or Mr. Morris' case,
15 would be pleaded, and then the moment the opposing party --
16 you -- admit any part or parts of that factual matrix, any
17 further evidence on that part or parts of that factual
18 matrix is excluded because it is otiose, it costs money and
19 brings no benefit to the litigation to have it.
20
21 What had occurred to me, as I think you are now saying, is
22 that having pleaded what they did, the Defendants were
23 actually meaning to get at something additional which was
24 not actually pleaded.
25
26 MR. RAMPTON: My Lord, then -----
27
28 MR. JUSTICE BELL: And they are worried that not having pleaded
29 it and you having made an admission, they are excluded from
30 calling evidence, to which the answer might be: "Well, if
31 there is something else which you should have pleaded, let
32 us know what it is".
33
34 MR. RAMPTON: Exactly. What they must do, if they want now to
35 make a different case from the case that they have made in
36 those instances where I have served an admission, is seek
37 your Lordship's leave to amend the terms of the pleading.
38 I will see then whether I wish to oppose it; if I do and I
39 am unsuccessful, then whether I want to admit the amended
40 pleading or whether to contest it in its amended form to
41 the extent perhaps only that it has been amended, leaving
42 the original in its place. One would have to take each
43 case on its own merits.
44
45 My Lord, to go back to my original example, that problem
46 does not arise, so far as I can see, in relation to the
47 Preston incident, because after amendment, and they did
48 amend it, it is in the reamended or rereamended Defence, in
49 a much fuller form, I admitted the reamended form or the
50 amended form. That means for the purpose of this hearing
51 and this action that is the end of the story.
52
53 My Lord, in our respectful submission, that is what those
54 authorities in the blue file plainly show. There are some
55 exceptions. For example, salvage cases. I am not quite
56 clear why they are exceptional but, apparently, they are.
57 But this is plainly not a special case in any sense. It is
58 an ordinary piece of civil litigation. One party alleges,
59 the other admits, that is the end of the issue, leaving
60 aside any fair inferences that may be drawn on the facts
