Day 163 - 25 Sep 95 - Page 03

     
     1        you take your own course.  If you start one of your
     2        applications and Mr. Rampton has anything to say, I am sure
     3        he will.
     4
     5   MR. RAMPTON:  I am quite content with that course.
     6
     7   MR. JUSTICE BELL:  So you start with whatever you want to deal
     8        with first.
     9
    10   MR. MORRIS:  Can I just say, there is one more document we have
    11        just photocopied.  If I can hand it up?  There is one
    12        important document and one not so important.
    13
    14   MS. STEEL:  The second one is just a letter for the
    15        correspondence file.
    16
    17   MR. MORRIS:  That is the correspondence file, but on top of that
    18        there is the reference to Further and Better Particulars to
    19        the Reply to Counterclaim.
    20
    MR. JUSTICE BELL:  Yes.
    22
    23   MR. MORRIS:  If we start with the application to strike out the
    24        Plaintiffs' claim on nutrition matters, does everyone have
    25        a copy of the skeleton argument bundle then?
    26
    27   MR. JUSTICE BELL:  I have a copy.
    28
    29   MR. MORRIS:  It is three pages.  If I miss anything out, is it
    30        proper to take that as read or will I have to go through
    31        it?
    32
    33   MR. JUSTICE BELL:  I have not had an opportunity to read it yet.
    34
    35   MR. MORRIS:  Would you like to do so?
    36
    37   MR. JUSTICE BELL:  Yes.  Yes?
    38
    39   MR. MORRIS:  This application relates to the Plaintiffs'
    40        Statement of Claim on nutrition and specifically any part
         of that Statement of Claim which disputes the links between
    42        diet and ill-health which is the fundamental underlying
    43        dispute in the nutrition section of the case.  It may be
    44        helpful to have a copy of the Statement of Claim.  I do not
    45        know where it is kept.
    46
    47   MR. JUSTICE BELL:  I have a copy because I have the draft
    48        amended Statement of Claim.
    49
    50   MR. MORRIS:  I believe all the amendments were allowed, so that 
    51        would be, presumably, the current.  Certainly, point F 
    52        really is the centre of this application, and I think that 
    53        is the sting of this application we are making; it is the
    54        centre of their nutrition case or claim as amended.
    55
    56        Before we get on to the details, obviously while we are
    57        making an application at this stage, we are aware you have
    58        indicated you will be loath to strike out any part of the
    59        pleadings at this stage of the case and that is quite
    60        understandable, we would submit, but in the course of the