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
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