Day 142 - 26 Jun 95 - Page 03

     1        statements on the other side and assume they will go in
     2        evidence, because I am anxious that the case should not
     3        expand as it goes along, that is the first thing.
     4        Secondly, in essence, any new statements, quite apart from
     5        any consideration of them being served late in the day,
     6        should relate to something which is pleaded.
     8        From your point of view, it would not answer the question
     9        to say:  "Well, McDonald's had agreed that if it is in a
    10        statement it is pleaded" because, as far as I am concerned,
    11        that concession which I was happy to join in with related
    12        to matters which were disclosed in statements as at the
    13        beginning of the trial.
    15        If the possibility is raised of putting in statements which
    16        raise completely new issues, I am not sure that I would be
    17        happy with that concession, even if Mr. Rampton were to
    18        make it.  If it is suggested that statements on either side
    19        should go in now which raise what I will just call "new
    20        topics", then I think we have to consider whether an
    21        application should be made by the parties seeking to put
    22        them in for leave to amend and whether I should give the
    23        leave to amend.
    25        If I give the leave to amend, it will be because
    26        I anticipate that I will allow the statement to go in
    27        evidence.  If I do not give leave to amend, then the
    28        statement will not be relevant to any issue in the case and
    29        I will not consider it.  You need not bother about that so
    30        far as Mr. Duncan is concerned.
    32   MR. RAMPTON:  My Lord, one reason why I have not raised an
    33        objection at the present time is, first, because as your
    34        Lordship has kindly given me the opportunity to do so,
    35        I may be need to speak to Mr. Stein -- he may not know
    36        anything about it, for all I know -- but the other reason
    37        is, my Lord, it does not force me into calling a live
    38        witness.  If it had had that effect, then I would have
    39        objected.
    41   MR. JUSTICE BELL:  No, very well.  I am happy to accept the
    42        matter as it has been canvassed this morning.  What I do
    43        not want you to think, Mr. Morris or Ms. Steel, is that
    44        because a concession has been made in the past that
    45        provided something appears in a statement it need not be
    46        pleaded, therefore, now one can put a statement in and
    47        say:  "Low and behold, therefore, it is pleaded because it
    48        is in that statement".  Perhaps that is a bit too obvious
    49        to state, but bear it in mind.
    51   MR. MORRIS:  We did indicate before that we had some statements 
    52        that were in draft form or that we were contacting certain 
    53        people.  We were basically hoping to serve them by the time
    54        that we started the legal, interlocutory matters.  What we
    55        shall do is accelerate that to make sure that we do that in
    56        time, but if we have not got them in satisfactory form, we
    57        hope it will be satisfactory to put them down as in note
    58        form so at least .....
    60   MR. JUSTICE BELL:  It is better that you do that than just wait

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