Day 083 - 06 Feb 95 - Page 02

     
     1                                      Monday, 6th February, 1995.
     2
     3   MR. MORRIS:  We are just sorting our papers out.
     4
     5   MR. JUSTICE BELL:  Yes.
     6
     7   MR. MORRIS:  I suppose I should start at No. 1.  We had that
     8        from last week, did we not, the list?
     9
    10   MR. JUSTICE BELL:  Yes.
    11
    12   MR. MORRIS:  I believe the Plaintiffs have an additional matter
    13        they want to bring up as well.  So, if we start with
    14        discovery.  Did you receive a sort of skeleton list?
    15
    16   MR. JUSTICE BELL:  I have got your fax dated 3rd February to
    17        Mrs. Brinley-Codd, yes.
    18
    19   MR. RAMPTON:  My Lord, I do not quite know -- I am sorry,
    20        Mr. Morris, to inconvenience you -- I had thought your
    21        Lordship was intending to start today by completing the
    22        argument on the BSE issue.
    23
    24   MR. JUSTICE BELL:  I do not particularly mind which order we go
    25        in, if we are going to get through everything today.
    26
    27   MR. RAMPTON:  I doubt we are but that argument is halfway
    28        through.
    29
    30   MR. JUSTICE BELL:  Yes.  Do you want to go back to the beginning
    31        of your list or do you want to deal with BSE?
    32
    33   MS. STEEL:   We could deal with BSE, if you want, if you would
    34        rather hear that first.
    35
    36   MR. JUSTICE BELL:  Why not go on to BSE as Mr. Rampton has said
    37        his part.  I will not necessarily give my decision
    38        immediately at the end of the argument, we will see, but
    39        then we know we have completed that and, for instance, if
    40        need be, I could give a decision later in the day or first
         thing tomorrow morning.
    42
    43        I think the first thing to do is whether you have actually
    44        got a draft of an amendment to your Defence, because
    45        although we have said that you should not have to plead
    46        matters which are in statements, I did indicate last time
    47        that if it was a specific head like "BSE", it really ought
    48        to be pleaded.
    49
    50        It may well be that all new topics, if I can describe them 
    51        in that way, ought to be pleaded but you have not been put 
    52        to doing that.  When Mr. Morris suggests at the end of last 
    53        term that it might be done over the vacation, Mr. Rampton
    54        was anxious that you should not spend time on that rather
    55        than preparing for the new term.  But, it is important to
    56        grapple with how you would put any case with regard to BSE,
    57        particularly in the light of Mr. Rampton's second point.
    58        If I were for the Plaintiffs on Mr. Rampton's first point,
    59        we would not get to the second point, but in case we did it
    60        is important.  Have you thought about possible wording?