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

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