Day 079 - 27 Jan 95 - Page 21


     
     1
     2   THE WITNESS:  Sorry, my Lord.
     3
     4   MR. JUSTICE BELL:  Do you want the break now?
     5
     6   MS. STEEL:  I want to ask something relating to Mr. Rampton's
     7        last comment which is he seems to be, kind of, retracting
     8        the admission, as it were.
     9
    10   MR. RAMPTON:  No.
    11
    12   MR. JUSTICE BELL:  I do not take it to be that.  Do not concern
    13        yourself about it.  As far as I am concerned, what is in
    14        the admissions is admitted -- period.  It is the form of
    15        words which arises quite often in litigation because an
    16        admission is made for the purposes of that litigation, but
    17        what the person is saying:  "If there is other litigation
    18        with other parties, I will not be bound by the admission in
    19        that litigation".
    20
    21        That is not a situation we are presented with in this
    22        case.  You are not representing anyone else but yourself in
    23        this litigation, so just treat it as admitted.
    24
    25   MS. STEEL:  That is allowable by law?
    26
    27   MR. JUSTICE BELL:  Yes.
    28
    29   MS. STEEL:   I am quite surprised!
    30
    31   MR. JUSTICE BELL:  It does not matter in relation to this, but
    32        it is very sensible because (and I am not talking about
    33        this case at all) someone may say:  "Well, actually, I do
    34        not think I was liable but I am not going to spend £500,000
    35        trying to show that I was not.  This is only £750 claim.
    36        I am prepared to admit that I was liable because I do not
    37        want to spend £500,000 saving £750.  But I am not making an
    38        admission at large to the world because the next claim may
    39        be worth £4 million and then I may think it is worth
    40        spending £500,000 fighting the issue in relation to that".
    41
    42        This is just by way of general conversation to explain why
    43        it happens and why it is not necessarily stupid.  But you
    44        can forget it as far as this case is concerned because the
    45        admission is made and you are entitled to treat what is
    46        admitted as fact.
    47
    48   MR. RAMPTON:  For this case.
    49
    50   MS. STEEL:  I do not know, I am surprised.  I would have thought 
    51        that you make an admission because it is the truth. 
    52 
    53   MR. JUSTICE BELL:  No.  I am sorry.  Life is not quite as simple
    54        as that.  We will take our five-minute break.
    55
    56                            (Short Adjournment)
    57
    58   MR. MORRIS:  Just to finish off that last subject for the
    59        moment:  The Camden Company who you asked to do the audit,
    60        you paid them for that audit, did you?

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