Day 311 - 06 Dec 96 - Page 49
1 sure we can find a form of words which will allow both
2 sides to resolve this matter with honour and dignity."
3
4 That is the sort of response a fair minded, honest person
5 might have made -- somebody who was reasonable in the face
6 of the complaint.
7
8 Then one looks to see what the Defendants' actual response
9 was to that letter of 20th September 1990. One finds the
10 response, not in a letter from solicitors or a personal
11 letter from the Defendants. The only solicitors' letter
12 that was received was a letter from Burnburg's,
13 acknowledging service. One finds that response in the
14 first three documents in appendix 1 to the Defence to
15 Counterclaim.
16
17 I would ask your Lordship now, if I may -- if they are in
18 court -- with your Lordship, just to have a quick look at
19 those.
20
21 MS. STEEL: Is there any chance we could be lent a copy,
22 because we have not actually got that one?
23
24 MR. RAMPTON: I have not got one that is unmarked. There is
25 nothing here that I can deliver up at all.
26
27 MR. JUSTICE BELL: Was the letter from Messrs. Burnburg's just a
28 formal -----
29
30 MR. RAMPTON: So I am told -- just a formal acknowledgment of
31 service. It was some time in October 1990.
32
33 MR. JUSTICE BELL: Do you say you do not have these with you?
34
35 MS. STEEL: No.
36
37 MR. RAMPTON: I have the Barlow's letter here. I do not have a
38 the Burnburg's one.
39
40 MR. JUSTICE BELL: Would you like to come up and get it?
41
42 MS. STEEL: I am not sure whether -----
43
44 MR. RAMPTON: It is in the counterclaim file.
45
46 MR. JUSTICE BELL: It is in the counterclaim pleadings file.
47
48 MS. STEEL: Is there a pleadings file?
49
50 MR. JUSTICE BELL: There is a counterclaims pleadings file.
51
52 MR. RAMPTON: I am told it may be appendix 2, my Lord. It is
53 the first three documents.
54
55 MR. JUSTICE BELL: I had mine in front of me this morning.
56
57 MR. RAMPTON: Yes.
58
59 MR. JUSTICE BELL: I do not know where it has gone now.
60
