Day 122 - 05 May 95 - Page 49
1 do not know if there is more.
2
3 MR. JUSTICE BELL: That is No. 73.
4
5 MR. MORRIS: What happened, I think, is Mr. -----
6
7 MR. RAMPTON: No, my Lord, I think it has been admitted. I do
8 not know the date of it but there was an affidavit from
9 Mrs. Brinley-Codd -- the date is 18th May 1994 -- what the
10 affidavit says is: "Since this allegation will be the
11 subject of an admission shortly to be served on the
12 Defendants" -- that is a year ago -- "I am advised that
13 there is no discovery to be made in relation to it".
14
15 MS. STEEL: That was the reason why I was bringing it up,
16 because I saw that and I cannot see any admission that has
17 been made.
18
19 MR. RAMPTON: So be it. Maybe another error was made.
20
21 MR. JUSTICE BELL: Yes. But, so far as you are aware, it is to
22 be admitted that she suffered an injury and ---
23
24 MR. RAMPTON: Yes.
25
26 MR. JUSTICE BELL: -- the insurers, presumably, settled, paid
27 her a sum in respect of that?
28
29 MR. RAMPTON: Presumably. In fact, there are some papers about
30 it -- what quite what they are, I do not know because
31 I have not looked -- in the pink files.
32
33 MR. JUSTICE BELL: Do you know anything about a Sarah Stibbards
34 being injured?
35 A. Not offhand, my Lord. I remember the name coming up.
36
37 Q. You do, do you?
38 A. Yes, I do. I remember the name coming up. I made some
39 enquiries.
40
41 Q. But in relation to the case or before?
42 A. No relation to the case. I do not know anything about
43 the case personally.
44
45 MR. MORRIS: Is it safe for us to assume that we do not have
46 to -----
47
48 MR. RAMPTON: If Mr. Nicholson does not know anything about it
49 anyway, there is not much point in cross-examining him
50 about it.
51
52 MR. JUSTICE BELL: No, the only point that is being made is that
53 if an admission was promised in the affidavit, we had
54 better have one whether by -----
55
56 MR. RAMPTON: My Lord, please assume that it is admitted unless
57 some terrible volte face has taken place -----
58
59 MR. JUSTICE BELL: Yes, assume admitted as pleaded.
60
