Day 051 - 14 Nov 94 - Page 07
1 all right -- the Defendants' expert on food poisoning who
2 is a former Environmental Health Officer called Richard
3 North visited three sites, I think, two restaurants or
4 maybe it was two slaughterhouses and a restaurant, I do not
5 know, and had done that by the end of August.
6
7 We wrote to the Defendants on 25th October asking for his
8 report of those visits. We have not had a response. Food
9 poisoning is coming up and if he is going to make a report
10 -- if he is not, he cannot give evidence about it -- he
11 should, please, produce it fairly soon so that we can send
12 it to our experts for comment. That is the first point.
13
14 The other point which I will mention, if I may, while I am
15 on my feet is this: If we are to have the argument on
16 amendment and other interlocutory matters on 21st of this
17 month, I would ask not that the Defendants serve a skeleton
18 argument -- I am not asking for that -- but I would ask
19 them, if they are going to make reference to any other
20 parts of the transcripts than we have done, that we should
21 have those before the weekend, preferably by Thursday 17th,
22 plus a list of any authorities to which they intend to make
23 reference.
24
25 MS. STEEL: We will endeavour to do what we can but, to be
26 honest, it may be that we are still working on it by the
27 weekend.
28
29 MR. JUSTICE BELL: I would like you to do your best. The other
30 thing which I would like you to do, and it should be a
31 useful exercise in deciding what you want to say on the
32 applications to amend, is to put down in writing in so far
33 as you do not accept the meaning -- let us just take
34 nutrition for the moment -- which is in the Statement of
35 Claim at the moment and/or the meaning which the Plaintiffs
36 wish to have in the Statement of Claim by way of amendment,
37 what you say the meaning would be to an ordinary reader of
38 the leaflet.
39
40 MS. STEEL: There is a meaning in our pleadings already.
41
42 MR. JUSTICE BELL: Yes. I am not entirely confident it says
43 just what you say "linked with" means and, moreover, what
44 the leaflet as a whole means on this point. I will read it
45 again. In fact, if you could give me the reference in the
46 pleadings bundle?
47
48 MR. RAMPTON: My Lord, it is tab 3 of the pleadings.
49
50 MS. STEEL: It is on page 7 of that.
51
52 MR. RAMPTON: Does your Lordship have it? On page 7 it is true
53 there are some meanings set out. Arguably, the meanings
54 which are set out on page 7 do not go so far as ---
55
56 MR. JUSTICE BELL: Which tab are you in now?
57
58 MR. RAMPTON: -- tab 3, my Lord, nutrition -- do not go as far
59 as what is pleaded in the rest of the pleading.
60
