Day 242 - 29 Apr 96 - Page 51


     
     1        time, we should have known about it when we had not even
     2        sought the particulars in the first place, and they had not
     3        had leave, and it seems that the Plaintiffs have a general
     4        strategy of extending their case on publication as far as
     5        possible through stealth and legal means.  That is
     6        something that is now in the pot and we are preparing an
     7        appeal on the last ruling.
     8
     9        All I am concerned about is the particulars do not creep
    10        through which actually alter or extend the Plaintiffs' case
    11        without you looking at them as well with a fine toothcomb
    12        to see whether the Plaintiffs must have leave and must be
    13        put to an argument on why that is relevant because,
    14        frankly, we cannot keep up with the legal pace that this
    15        case has developed in the last few months especially, but
    16        throughout really because, of course, we have no
    17        experience.
    18
    19        In fact, we did not even know what voluntary particulars
    20        were until this issue came up when further ones were put in
    21        and we started to think about what indeed was happening.
    22
    23   MR. JUSTICE BELL:  I think all they mean is that they are
    24        particulars which are given other than in response to a
    25        request by the other side.
    26
    27   MR. MORRIS:  I can see that, but they are a kind of status
    28        because they were certainly used in legal argument over the
    29        publication issue as tablets of stone and that was part of
    30        the pleaded case.
    31
    32   MR. JUSTICE BELL:  Those were not voluntary particulars because
    33        they were given in response to a request by you.
    34
    35   MR. RAMPTON:  Mr. Morris is right to the extent that I made a
    36        reference to it in argument.
    37
    38   MR. JUSTICE BELL:  Yes.
    39
    40   MR. RAMPTON:  Your Lordship ignored that part of my argument and
    41        relied solely on what were not voluntary particulars which
    42        were the particulars of the Further and Better Particulars.
    43
    44   MR. JUSTICE BELL:  Yes.
    45
    46   MR. RAMPTON:  Further and Better Particulars of the Statement of
    47        Claim, which is what your Lordship has based yourself on.
    48
    49   MR. JUSTICE BELL:  They were in answer to -----
    50 
    51   MR. RAMPTON:  They were orthodox particulars, if you like, old 
    52        fashioned particulars.  They were not voluntary particulars 
    53        at all.  It does not arise in relation to the pleading at
    54        all.
    55
    56   MS. STEEL:  Is it possible to have a couple of minutes to make
    57        absolutely sure that there was not anything else to bring
    58        up?
    59
    60   MR. JUSTICE BELL:  Yes.  I will come back at 10 past 3.

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