Day 240 - 24 Apr 96 - Page 48


     
     1        claim for injunction in the main action, and the defence to
     2        counterclaim, and it is just that whenever we have wanted
     3        to add particulars we have had to apply for leave to add
     4        particulars and I wondered what the situation was with
     5        this, whether the Plaintiffs would not need to apply for
     6        leave on those and for the previous voluntary particulars
     7        that they also served without leave.  I cannot remember
     8        when they served them.
     9
    10   MR. JUSTICE BELL:  You can always give voluntary particulars as
    11        long as they are particulars of something which has already
    12        been pleaded.  If it is suggested that they actually plead
    13        something which is an amendment of the pre-existing case,
    14        then we have to have legal argument about it as to whether
    15        it does fall into that.
    16
    17   MS. STEEL:   It is just that, for example, the US violations of
    18        child labour laws and food hygiene could have been thought
    19        to come under pre-existing pleadings as further
    20        particulars, but we had argument before we were allowed
    21        leave for those to be -----
    22
    23   MR. JUSTICE BELL:  Yes, I thought that was different because
    24        they were particulars of justification and fair comment
    25        which I thought did bring in a new pleading.  But what
    26        I suggest is you take it up on Friday if you think that
    27        these are -- I will have to read them again -- matters
    28        which leave to amend is required for.
    29
    30   MR. RAMPTON:  Can I just tell your Lordship, Mr. Atkinson is
    31        dealing with this and I have asked him about that and he
    32        says he thinks that it is a proper thing to do where all
    33        you are, in fact, doing is giving additional particulars of
    34        a case already pleaded.  The reference is on page 321 of
    35        the first Volume of the White Book.  The marginal note is
    36        18/12/25.
    37
    38   MR. JUSTICE BELL:  Can you give me that again?
    39
    40   MR. RAMPTON:  Yes, my Lord.  Page 321, 18/12/25, and there is a
    41        very informative and useful paragraph -- whether we are
    42        within it or not I do not really mind because I would apply
    43        for leave if I have to -- paragraph 11 in italics,
    44        "Voluntary Particulars", and there are two paragraphs
    45        about the expanding and developing use of voluntary
    46        particulars as a way of notifying the other side of
    47        avoiding costs, etcetera.
    48
    49   MR. MORRIS:  I think it does need to be looked into because it
    50        did not strike us, until we got these particulars, that the 
    51        last set of voluntary particulars about the counterclaim 
    52        which were said to be about the counterclaim, if you 
    53        remember, came up in the argument about the amendment to do
    54        with publication, that the Plaintiffs argued, "Ah, we have
    55        already pleaded such and such matter and therefore it is
    56        not a new issue in the case", and we said that is only
    57        about the counterclaim.  It looks like they are extending
    58        their general case and then using it later to say, "Oh, it
    59        is already pleaded"; therefore, we should be able to plead
    60        this.

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