Day 145 - 29 Jun 95 - Page 18
1 an opportunity to check as to whether it is right or not or
2 whether there might be some explanation for it, if it is
3 right.
4
5 MR. MORRIS: It saves the parties' and the court's time -- it
6 will not save us time because we will have to write them
7 all down -- we can give a list to McDonald's or to Barlow
8 Lyde & Gilbert and then they can make admissions where it
9 is accurate or not.
10
11 MR. JUSTICE BELL: Put this on your list for next week as a
12 topic to be raised as an interlocutory matter. It is not a
13 question of how much trouble; it is a question of doing
14 justice between the parties, and it is more difficult to do
15 if matters are raised without any notice canvassed in the
16 pleadings or statements of witnesses which have been served
17 in good time.
18
19 MR. MORRIS: It is just because Mr. Stein in evidence made some
20 generalised or sweeping statements, and he has just made
21 another one I should be allowed to test it.
22
23 MR. JUSTICE BELL: You raise it next week and I will deal with
24 it, but it has to be done in a proper fashion. The whole
25 point of having pleadings always was and the whole point of
26 serving statements in advance now is that the other party
27 gets ample and fair warning of the allegations made against
28 it.
29
30 MR. MORRIS: All right. I will not refer to specifics. I will
31 refer to a generality then and we will try to plead the
32 specifics.
33
34 MR. RAMPTON: My Lord, I am not happy unpleaded generalities.
35
36 MR. JUSTICE BELL: What generalities?
37
38 MR. MORRIS: McDonald's gave evidence to the -----
39
40 MR. JUSTICE BELL: You must point to where it is in one of your
41 witness statements or in the pleadings. When you have
42 pointed me to it, if it is there then you can put it to
43 Mr. Stein in cross-examination. If it is not, you must
44 raise it next week and seek leave to amend, if need be.
45 Then I will rule as I see just on whether you should have
46 leave to amend.
47
48 MR. JUSTICE BELL: We will have the five minute break -----
49
50 MR. MORRIS: Can I just put this matter: Are you aware in 1990
51 that McDonald's gave evidence to the House Government
52 Operations Subcommittee chaired by Republican Thomas
53 Lantos?
54
55 MR. JUSTICE BELL: What are you putting now? Look, I am going
56 to rise for the five-minute break. If you want to refer to
57 a matter which is in the pleadings or a statement, show me
58 where it is in the pleadings or a statement and you can put
59 it. If it is not in either place, you cannot put it and
60 that is my ruling. You can pick it up in the interlocutory
