Day 006 - 05 Jul 94 - Page 56


     
     1        give me chapter and verse, and I will look at it again.
              So that is what I suggest you do at the moment.
     2
              What, if I may say so, you have to be careful about doing,
     3        and I am not making any suggestion against you as things
              have gone so far, but the evidence in this case and the
     4        cross-examination of the witnesses has got to be directed
              at some pleaded allegation or topics so far as McDonald's
     5        are concerned.  What it cannot be is just a forum for
              making unpleaded allegations against McDonald's
     6
         MR. MORRIS:  There is a pleading which is about their chairs
     7        and the design of their instore furniture which we have
              alleged -- it is in the pleadings -- that the designs are
     8        not designed for safety or comfort; they are designed for
               -----
     9
         MR. JUSTICE BELL:  Come back to it later because my
    10        recollection is that this incident was one of a number of
              incidents which you sought to plead by way of reamended
    11        defence and I ruled that you should not be allowed to.
 
    12   MISS STEEL:  I understand what you are saying, that
              cross-examination really needs to go to the issues in the
    13        case but, I mean, we raised this when Mr. Beavers was
              being examined about something which is not an issue in
    14        the case and, you know, he carried on.
 
    15   MR. JUSTICE BELL:  Yes, it may be that I have been reluctant to
              interrupt your cross-examination.  Certainly I have been
    16        reluctant to do that unless objection has been taken but
              it has been taken.
    17
         MISS STEEL:  I meant examination-in-chief.
    18
         MR. JUSTICE BELL:  It has been taken here and I have made a
    19        provisional ruling.  You can come back to it.
 
    20   MR. RAMPTON:  The reason I have sat very patiently listening to
              a lot of cross-examination which has not got much to do
    21        with the issues in the case -- not just today but for the
              last three or four days -- I do not object to general
    22        matters being put; where I do object is where some
              specific incident is raised which your Lordship has ruled
    23        could not be pleaded as an allegation and where, in
              consequence, neither Mr. Preston or any other of the
    24        plaintiffs' witnesses has prepared themselves to deal with
              it.
    25
              It is simply not right.  What it is, as your Lordship said 
    26        a moment ago, designed to do is to use this courtroom as a 
              platform to throw mud at McDonald's and it simply is not 
    27        acceptable.
 
    28   MR. JUSTICE BELL:  Take advice on it, consider your position
              anyway, hold on to the point until all the ancillary
    29        pleadings in relation to the counterclaim are dealt with
              and then you can raise it again at any time you want to.
    30        But when you do, have that chapter and verse for my
              previous ruling, so can I remind myself of the terms in

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