Day 107 - 24 Mar 95 - Page 16


     
     1        if this whole question were put over (a) until the
     2        Defendants, if they wish to do so, take up your Lordship's
     3        suggestion of getting legal advice about this question; (b)
     4        producing any amendment which might bring in matters which
     5        are presently excluded by the rules.
     6
     7        Then if Mr. North comes back and there are particular
     8        questions which they want to raise with him in relation to
     9        this report, then everything will be in order.  I will get
    10        notice, I hope, in advance -- he is going to do a further
    11        statement -- of what conclusions he draws from those
    12        particular parts of the report and then everything can be
    13        dealt with in the proper way.
    14
    15   MR. MORRIS:  It is just more time and more effort on our part.
    16
    17   MR. RAMPTON:  Yes.
    18
    19   MR. MORRIS:  I think that, really, you know, we have done
    20        already an enormous amount of work and thinking and effort
    21        around this document.  To be honest, it is just we cannot
    22        do an indefinite amount of work.  There are only two of us
    23        doing this case.  We cannot keep doing it.
    24
    25   MR. JUSTICE BELL:  Yes, but if you do not, you see -- at the
    26        moment I have ruled that report does not stand as evidence
    27        on its own account.  It does not matter it is a PHLS
    28        report.
    29
    30   MR. MORRIS:  How does a Civil Evidence Notice that has not been
    31        challenged apply now?
    32
    33   MR. JUSTICE BELL:  The situation with regard to the Civil
    34        Evidence Act Notice is this:  If my recollection is right,
    35        I extended the time for McDonald's to serve a counter
    36        notice until I could see whether anything actually in the
    37        report upon which you based an allegation which was
    38        pleaded, because I thought this ought to be pleaded,
    39        remained unadmitted and, therefore, in issue.
    40
    41   MS. STEEL:   With respect, that is not correct because the
    42        extension -----
    43
    44   MR. JUSTICE BELL:  If I might say so, just relax and put any
    45        argument to me you will.  If I have said something
    46        inconsistent with that in the past, then I would like to be
    47        reminded of it.  I need your assistance in relation to it;
    48        not just an argument about it. Please sit down, Mr. North.
    49        Do you want to have a little break first?
    50 
    51   MS. STEEL:  No.  The extension was until one week after the 
    52        decision had been made on our amendments to the pleadings. 
    53        That has long since passed.
    54
    55   MR. JUSTICE BELL:  I think you do need a little break.
    56
    57   MR. RAMPTON:  My Lord, may I say this just before we break so
    58        that the Defendants can think about it, they clearly do not
    59        understand (and they are not lawyers so they are not to be
    60        blamed) what the effect of admissions are.  The Civil

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