Day 084 - 07 Feb 95 - Page 18
1 admitted.
2
3 MR. JUSTICE BELL: Thank you very much. What I suggest you do
4 is that you go away and contemplate what has been said and
5 come back and tell me what it is which is part of your
6 case, whether pleaded or not, which has not been admitted,
7 which is another way of saying accepted as fact by
8 McDonald's.
9
10 MR. MORRIS: I do not know. I mean, as far as we can see, they
11 have accepted as a fact. It is only Mr. Walker who is not
12 McDonald's anyway.
13
14 MR. JUSTICE BELL: Yes, if that is your only worry, it is
15 unnecessary because it does not matter what Mr. Walker
16 said. He is not one of the parties to the action. I am
17 not going to start wondering about what the facts are as
18 pleaded by you and as admitted by the Plaintiffs just
19 because Mr. Walker has said something inconsistent with the
20 admission.
21
22 MR. RAMPTON: No, my Lord. I could not rely on what Mr. Walker
23 has said unless I got leave to withdraw my admission.
24
25 MR. JUSTICE BELL: The last thing I will say about that for the
26 time being is you have only cause for concern, it seems to
27 me on what I know about what is in your mind at the moment,
28 if there is something you think you ought to have pleaded
29 extra about Preston which you have not, in fact, pleaded;
30 the result being that, McDonald's having admitted what you
31 have pleaded, you are unable to call evidence on some point
32 which you have not pleaded. So, if there is some matter of
33 fact, additional matter of fact, which on reflection you
34 think you ought to have pleaded, you have to raise it with
35 me in the future.
36
37 MR. MORRIS: I think it is important to see it in the context of
38 the pleading, the food poisoning outbreak in the pleadings
39 (which is page 4 of the food poisoning section) is in
40 answer to a McDonald's request based upon our pleadings of
41 "meat being responsible for the majority of cases of food
42 poisoning, particularly chicken and minced beef as used in
43 burgers". They asked us to state facts and matters relied
44 upon to justify that allegation. We said they were
45 responsible for the outbreak of food poisoning in Preston,
46 amongst other things. So, I just think that is -----
47
48 MR. JUSTICE BELL: You start on page 2.
49
50 MR. MORRIS: That is all I am saying. Yes.
51
52 MR. JUSTICE BELL: You start on page 2 at the bottom of the
53 page.
54
55 MR. MORRIS: Yes. All I am saying is that the pleadings are in
56 the context of justification of the original pleading, if
57 you like, or the heading. So, the admissions are in that
58 context too. I am not saying that the Plaintiffs are
59 admitting the entire pleading ---
60
