Download the document (11.04 MB) - Hillsborough Independent Panel

.enueu unis i.uui u ay ui n u g u si, 

ursuant to the Order of The 

Honourable Mr justice Steyn dated 

the 26th day of July, 1989. 

COURT FEES ONLY 

Writ Of 

Summons 

[Unliquidated 

Demand] 

(0.6, r.1) 

IN THE HIGH COURT OF JUSTICE 

Queen's Bench Division 

[ Liverpool District Registry] 

1 # 9 .- c . - N o ® * 

? ■ - 

Between 

joan CHAPMAN 

VIDOV AND ADMINISTRATRIX OF THE ESTATE OF 

: % RAYMOND THOMAS CHAPMAN DECEASED 

O ' 

C c. 

Plaintiff 

AND 

THE CHIEF CONSTABLE CF SOUTH YORKSHIRE 

SHEFFIELD VEDNESDAY FOOTBALL CLUB PLC 

SHEFFIELD CITY COUNCIL 

EASTWOOD & PARTNERS (Consulting Engineers) 

, (a firm) 

F ir s t Defendant 

Second Defendants 

Third Defendants 

Fourth Defendants 

(1) insert name. To the Defendant o THE CHIEF CONSTABLE OF SOUTH YORKSHIRE whose 

address for service is :- South Yorkshire Joint S ecretariat, Regent Street, Barnsley, 

(2) Insert address o f/2)South Yorkshire , S70 2)Y SHEFFIELD WEDNESDAY FOOTBALL CLUB PLC vihose 

registered office is situate a t:- Hillsborough, Sheffield, South Yorkshire, S6 1SW 

SHEFFIELD CITY COUNCIL whose address for service is:- Town Hall, Sheffield, South 

Yorkshi 

address Ff t or■ 

SI 2HH. .EASTWOOD 

service i s : - St An rI6 ? TH I5ie! i f T S t e ? eftr?idYh§§Sth 

Yorkshire, This W rit of Summons Sumn has been issued against you by the above-named 

Sll 9AS. Plaintiff in respect of the claim set out on the back. 

Within 14 days after the service of this Writ on you, counting the day of service, you 

must either satisfy the claim or return to the Court Office mentioned below the 

accompanying Acknowledgm ent of Service stating therein whether you intend to 

contest these proceedings. 

If you fail to satisfy the claim or to return the Acknowledgment within the time stated, 

or if you return the Acknowledgment without stating therein an intention to contest the 

proceedings, the Plaintiff may proceed with the action and judgment may be entered 

against you forthwith without further notice. 

(3) Complete 

and deleta as 

rwcMsary. 

Issued from the (3) [CBTiirat Office] [ Liverpool 

of the High Court this 29th day of June 

District Registry] 

1989 

NOTE:-This Writ may not be served later than 12 calendar months beginning with that date unless 

renewed by order of the Court. 

IMPORTANT 

i Directions for Acknowledgment of Service are given with the accorTipanyin9 form.

1 nr. r t a A t N i t rr ta uie «• i ««UUUU 

of the estate of Raymond Thomas Chapman deceased and clalou 

damages on behalf of the Estate and on behalf of the Dependants^ 

of the said deceased under the Lav Reform (Miscellaneous Provisions)1 

Act 1934 and the Fatal Accidents Act 1976 as amended in consequence 

of the death of the said deceased on 15th April 1989 from the fatal 

injuries received in an accident at Hillsborough, Sheffield, 

South Yorkshire due to the negligence and/or breach of statutory 

duty of the Defendants, their servants or agents. 

• '-"-0. 

(1) If this Writ 

was issued out of 

a District Registry, 

this indorsement 

as to place where 

the action arose 

should be 

completed. 

(2) Delete as 

necessary. 

(3) Insert name of 

place. 

(4) For phraseology 

of this 

indorsement where 

the Plaintiff sues in 

person, see 

Supreme Court 

Practice, vol. 2. 

para 1 

etetm- -felief in this action erose whoHy er m-poft eH 3)- 

(4)This Writ was issued by Brian Thanpscn and Partners 

of Richmond House, Rumford Place, Liverpool, L3 9SW. 

[Agent for 

Amended 


QUEEN'S BENCH DIVISION 

1989-C-No. 89 5925 

LIVERPOOL DISTRICT REGISTRY 

(Writ issued on the 29th day of June 1989) 

B E T W E E N 

JOAN CHAPIftN 

WIDCWAND ADMINISTRATRIX CF THE ESTATE CF 

RAYMCND THCIftS CHAPMAN DECEASED 

P la in tiff 

-and- 

THE CHIEF GCNSEAHLE GF SOUTH YORKSHIRE 

F irst Defendant 

and 

SHEFFIELD WEDNESDAY FOOTBALL CLUB PLC 

Sec aid Defendants 

and 



and 

EASTKXD & PARTNEXS (Consul tii« Engineers) 

(a firm) 


AMEnuED 

STATENCNT OF CLAIM 

1. The P la in tiff is the widow and Administratrix of the estate of 

Raymond Thomas Chapman deceased (uho is hereinafter referred to as "the 

deceased") and brings th is action in respect of her bereavement and for the 

benefit of the dependants of the deceased under the previsions of the Fatal

Accidents Act 1976 (as ar?rrdec^ and fcr tr 

- “n e fit cf the estate cf the 

deceased under the provisions of the Lav Reform (Miscellaneous Provisions) 

Act 1934. 

L etters of Administration vere taken out of the Liverpool 

D istrict Probate Registry on the 29th day - June 1989. 

2. The F irst Defendant is the Chief Constable of the South 

Yorkshire Police. 

The Police O fficers h ereinafter referred to were at a ll 

n aterial times um bers of the said Force acting under the direction and 

control of the F irst Defendant in purported performance of th eir duties as 

police o ffice rs. 

3. The Second Defendants are and were a t a ll n aterial times the 

owners and occupiers of the football ground premises known as The 

Hillsborough Stadium in Sheffield, South Yorkshire. 

4. A. The F irst Defendant's police force *as at a ll n aterial times the 

force responsible for policing at the said stadium on the occasion of 

football matches, in particular the football match on the 15th April 1989 

hereinafter referred to , being the Mitch between Liverpool Football Club and 

Nottingham Forest Football Club in the sem i-final round of the Football 

Association Challenge Cup (hereinafter referred to as the F.A. Cup).

£B. 

Further the Plaintiff adopts and repeats against the First 

Defendant the allegation against him contained in paragraph 3 of the Defence 

of the Second Defendant herein, that is to say that the First Defendant was 

also an occupier of the said football ground and was in control of the said 

event and of all merrbers of the public admitted thereto. 

5. The Third Defendants were at a ll m aterial times the local 

authority responsible for the issue and/or continuance of the Safety 

C ertificate and the conditions thereof, as issued to the Second Defendants 

in respect of the said stadium pursuant to the previsions of the Safety of 

Sports Ground Act 1975. 

By th e ir o fficers, th e ir servants or agents the 

Third Defendants cade periodic v is its to the stadium and directed and/or 

approved the carrying out of a ll works thereto. 

In the premises the Third 

Defendants at a ll material times owed a duty to a ll lawful v isito rs to the 

ground, in particu lar the Deceased, to take a ll reasonable care to ensure 

that the Cert lfic a :e and i t s conditions, and any works Wiich they directed 

and/or required and/or approved would ensure the reasonable safety of 

v isito rs to the stadium. 

6. The Fourth Defendants were at a ll m aterial times retained by the 

Second Defendants to advise them on a ll matters relating to the safety of 

the said stadium and its ccnpliance with the Safety C ertificate referred to; 

Pursuant to the retainer, the Fourth Defendants by themselves their servants

- 4 - 

.gents regularly inspected the stadium and designed advised and approved 

the carrying out of works thereon; In the premises the Fourth Defendants at 

a ll n aterial times owed a duty to the lawful v isito rs to the stadium, in 

A :„ r:ic u la r the Deceased, ' to take a ll reasonable care to ensure that the 

Stadium and the works which were so designed approved and/or carried out 

were reasonably safe. 

7. The Deceased on the 15th of April 1989 was at a ll m aterial times 

a lawful spectator in the said stadium on the occasion of the said 

semi-final and as such was the lawful v is ito r of the Second Defendants and 

of the First Defendant 

within the meaning of the Occupiers’ L iab ility Act 

1957. He was at a ll m aterial times cn the standing terrace at the Leppings 

Lane end of the ground (hereinafter referred to as the West Terrace) in the 

area known as pen three. 

8. At a time between about 2.45 pm and about 3.10 pm the Deceased 

while on the West Terrace was subjected to crushing owing to the 

o/ercrowding of spectators in the said pens and/or the collapse of a b a rrie r 

therein as a result whereof he sustained injuries from which he died the 

same day.

_ 5 - 

9. The said accident and resultant injuries and death to the 

Deceased were caused by the negligence and/or breach of statutory duty of 

the F irst Defendant and/or h is police officers and/or by the negligence 

and/or breach of statutory duty on the part of the Second Defendants th e ir 

servants or agents. 

PARTICULARS OF NEGLIGENCE 

$ AND BREACH OF STATUTORY DUTY 

OF THE FIRST DEFENDANT AND/OR HIS POLICE OFFICERS 

The F irst Defendant and/or h is police officers were negligent and/or in breach 

of statutory duty 

in that they:- 

(a) 

Failed when devising a plan for the policing of the crowd to 

ensure that clear arrangements were nade with the Second 

Defendants Sheffield Wednesday Football Club (S.W.F.C.) for the 

control of the nunbers entering each separate pen in the vest 

Terraces; 

(b) 

Requested the in stallatio n of radial fences on the West Terraces 

without ensuring that by separate tu rn stiles or otherwise the 

safe capacities of each pen would not be exceeded;

Failed to ascertain and/or brief Ground Contenders of the flow 

rates through the tu rn stile s at the Leppings Lane end; 

Failed adequately or at a ll to b rief police o fficers in 

attendance at Hillsborough in Police Control, Club Control, and 

Vest Stand and on the perimeter at the Vest end that i t u s 

th eir duty to monitor the nunbers of spectators in the separate 

pens on the Vest Terraces and in particu lar to observe and 

report to Police Control if and when any p a rticu la r pen was 

approaching capacity, particularly when they knew or ought to 

have known that SWPC had ignored a police naming that the 

capacity of the Vest Terraces as a whole was too high; 

Failed adequately or a t a ll to monitor the nunbers of spectators 

in the separate pens on the Vest Terraces frcm the Police 

Control Rocm, and/or the Club Control Room and/or by Police 

Officers in the Vest Stand and/or by Police O fficers on ' near 

the perimeter fence, but to the contrary operated a policy of 

allowing spectators ”to find th eir own level" cn the whole 

terrace, and on the b asis that so long as spaces existed in any 

part of a pen, that pen could not have reached capacity; 

Failed to appreciate or ignored the fact that brick walls at the 

exit fran the tunnel in to pens three and four and the position 

and size of gates at the rear of the pens hindered in practice 

"self levelling" of spectators throughout the whole terrace.

Failed as early as at 2 pm when informed that 8,000 fewer were 

in the ground than the previous year (cn the occasici. of the 

equivalent semi-final between the se lf same teams) and that the 

majority of those were expected at the Leppings Lane end to 

appreciate that a crowd problem at the Leppings Lane tu rn stile s 

was likely to occur and failed to warn Superintendent Marshall 

accordingly; 

By h is Police O fficers as aforesaid failed to observe and report 

that by 2.45 pm at the la te s t, pens three and four were for a ll 

practical purposes fu ll to , or at the very least were 

approaching, capacity; 

By h is officers in Police Ccntrol or otherwise failed to report 

to S.W.F.C. by th e ir proper officers whether the Head Steward or 

otherwise and/or to the Stewards in the area between the 

tu rn stile s and the tunnel that by 2.45 at the latest pens three 

and four were for a ll practical purposes fu ll to, or a t the very 

least were approaching capacity , 

Failed to warn the F.A. and/or the Sheffield City Council and/or 

S.V.F.C. that in the event of as few as cne third of the to ta l 

capacity of the North and Vest Stands and the Vest Terraces 

arriving in Leppings Lane within a period of fifteen minutes, 

the police would not be capable of ccntrol ling the crowd and 

that a dangerous crushing situation was likely to or might 

develop;

- 8 - 

(k) 

By h is Superintendent, Marshall 

(i) 

Failed a t 2.17 pm on requesting the closure of Leppings 

Lane, or at any naterial time th ere afte r, to seek 

infom aticn from Police Control as to the approximate 

numbers s t i l l expected through the Leppings Lane 

tu rn stile s; 

> 

(ii) 

Failed betvrcen 2.17 pm and 2.30 pm, or at any naterial 

time thereafter to respond to a situation inhich he 

believed to be unprecedented (namely the arriv al in 

Leppings Lane, including the tu rn stile s area, of 

sufficient nunbers to ju stify the closure of the road 

and which had caused sane six to some eight thousand 

people to be in the lane with more expected) by 

evaluating the situation and by giving orders for the 

control of the nunbers joining the already stationary 

crowd in the bottleneck of the tu rn stile area; 

( iii) Failed prior to 2.35 pm to inform Police Control that a 

dangerous situation v a s developing and to seek advice 

and guidance from Control and in p a rtic u la r from Chief 

Superintendent Duckinfield; 

( 1 ) By h is o fficers patrolling the tu rn stile area and/or Leppings 

Lane, both mounted and on fo o t:-

(i) 

Caused or permitted the area between the tu rn stile s and 

: r . blue perimeter fence to becane jamned with 

spectators thereby causing cra*i pressure and rendering 

ipcvement through the tu rn stile s insufficient; 

(ii) 

railed a fte r 2.25 pm to ccntrol the crcwd approaching 

the tu rn stile s area frcm Leppings Lane from both 

directions adequately or at a ll , if necessary by 

cordcns across the road and the use of horses cn 

Leppings Lane nearer the roundabout than the 

tu rn stiles; 

( iii) Permitted the build up of several thousands of 

spectators v ith forward inpetus when those at the frcnt 

were liable to be crushed either against the perimeter 

fence or against the tu rn stile s wall; 

(iv) 

Permitted horses to became trapped within the 

tu rn stiles area where th e ir presence was 

counterproductive or at 

east useless when they were 

needed on Leppings Lane; 

Failed at 2.17 pm or at any time thereafter to inform Chief 

Superintendent Mirshall of the nunfoers s t i l l expected to arriv e 

at the ground at the Leppings Lane end;

- 10- 

(n) 

By his Chief Superintendent, Duckinfield:- 

(i) 

Having at 2.47 pm been warned by the said kfershall that 

a dangerous situation existed outside the tu rn stile s 

and that "the gates" should be opened, failed , despite 

two intervening and urgently expressed identical 

requests, to give an answer u n til 2.52 pro; 

(ii) 

Failed between 2.47 pm and 2.52 pm to evaluate the 

consequence inside the ground of opening the gates and 

in p articu lar the danger that those entering by Gate C 

would be likely to or might enter pens three and four 

via the tunnel; 

( iii) Having correctly decided at 2.52 pm to order the 

opening of the gates failed p rio r to transm itting such 

an order to warn S.W.F.C. and h is own officers in the 

area of h is intended action in order to prevent further 

ingress into pens three and four; 

(iv) 

Failed to infoni) the Ground Conrander, Superintendent 

Greenwood that he had ordered the opening of the gates 

and that there was a likelihood (or even only a 

p o ssib ility ) that further spectators might have entered 

the already packed pens three and four;

(v) By causing or perm itting the opening of Gate C at 2.52 

pm without taking any measures to seal the tunnel, 

caused or permitted a large influx of spectators into 

the already packed pens three and four; 

By h is officers in Police Control, Club Ccntrol, in the Vest 

Stand and/or on or near the Vest perimeter fence, to appreciate 

sufficiently quickly that the problems obviously existing in 

pens three and four were not due to hooliganism or an attenpted 

'pitch invasion’ but were to the contrary due to over crowding 

and in consequence failed in time to take action to save further 

crushing; 

Failed to train instruct and/or b rie f h is officers on or near 

the perimeter fence adequately in the dargers of and consequent 

upon overcrowding, but to the contrary so concentrated th e ir 

minds on the problems consequent on hooliganism and pitch 

invasions that th eir judgement was likely to be clouded; 

Failed, by tanncy and/or signals or otherwise to order or 

arrange for the inmediate evacuation through the tunnel of 

spectators at the rear of the pens three and four to relieve 

pressure to enable those at the front to cooply with otherwise 

inpossible demands by police on the perimeter fence to move 

backyards;

Failed at 2.15 pm or a t any other n a te ria l time to arrange for 

the postponement of the kick-off; 

By h is senior officers cn or near the perim eter fence failed in 

the period between i t becoming apparent to them that there was 

overcrowding resulting in injuries and the a rriv a l of 

C.S. N esbitt, to organise a rescue operation; 

Failed to in s titu te a system of hand and arm signals to enable 

h is o fficers on the ground to ccnmmicate with Police Control in 

the event of crowd noise or breakdown causing the radios to be 

inaudible; 

By h is officers both outside the ground and on or near the 

perimeter fence failed to appreciate that «here crc*d pressure 

had developed, the proper way to relieve such pressure was to 

achieve it from the rear forwards and not from the front 

backwards; 

Operated a general policy of crowd control on the false 

assunptions:- 

(i) 

That a crowd arriving in large nunbers at a football 

match in 1989 would be wholly sober, p atient and self 

disciplined, a ll with tickets and with a desire for 

'policing by consent' and that in consequence l i t t l e 

control by police officers would be called for, and

- 13 - 

(ii) That because no problems hac arisen frari the. .d ic in g 

plan in the p ast, no problems would arise in the future; 

(v) ^ Failed together with the Second Defendants b t.e re the 

1969 semi-final properly to review, evaluate and heed the 

available data concerning the nunbers attending the 1988 

y 

sem i-final, in particu lar the data that more than the 

permitted capacity entered the tu rn stiles at the Leppings 

Lane End, so as to avoid a recurrence of such excess 

entry in 1989. 

(ii) 

Failed together with the Second Defendants to heed that 

shortly before kick off in the 1988 semi final the 

entrance to the tunnel leading to pens 3 and U was 

closed off due to overcrowding therein 

(iii) 

Failed together with the Second Defendants to operate a 

system of briefing and/or debriefing to ensure that 

occurrences such as the closure of the tunnel were 

reported and/or alternatively those officers concerned 

were negligent in failing to report the problem. 

(iv) 

Failed together with the Second Defendants to take 

account of the overcrowding that occurred at the 1981 

semi final.

- 14 - 

(x) 

The Plaintiff repeats and adopts against the First Defendant 

(but without any admissions as against the Second Defendantb) 

the facts and matters alleged against the First Defendant 

by the Second Defendants in paragraph 10 of the Defence of 

the Second Defendants herein 

(y) In the premises failed in breach of duty under Section 2 

of the Occupiers Liability Act 1957 and/or negligently to 

I 

take all reasonable care to see that the Deceased would 

be reasonably safe in using the premises for the purposes for 

which he had been invited to be there. 

PARTICULARS CF NEGLIGENCE 

AND/OR BREACH OF STATUTORY DUTY 

OF THE SE00ND DEFENDANTS 

The Second Defendants were negligent and/or in breach of statutory duty in 

that they:- 

(a) 

Failed to provide at the Leppings Lane end adequate tu rn stile 

f a c ilitie s to acccnmodate a crc*ri of 24t000; such fa c ilitie s 

would have included 

(i) At least 30 tu rn stile s. 

(ii) 

T urnstiles accomodated on a straight wall or cn two or 

more straight walls to enable spectators to queue 

p arallel to each other;

( i ii ) Adequate space between the tu rn stile s and the public 

par: cf Leppings Lane to permit longer parallel queueing 

than at present possible, and to acccmnodate in the 

reeifn of 7f000 spectators, but certainly more than 

5 » Cl 0; 

(iv) 

The provision of p arallel ra ils at right angles to the 

tu rn stiles to delineate the queues at each turnstiles; 

(v) 

Clear signs, plainly v isib le to approaching spectators 

indicating the separate tu rn stile s for the North and 

V_ 5t Stands and the West Terraces. 

Failed vithin the ground at the Leppings Lane end to sign 

clearly the existence of, and way to, pens cne/tvo and 

six/seven; 

Failed to provide any mechanical or any other means of 

monitoring the nunbers in the individual pens an the West 

Terraces (in breach of the Green Guide); 

Ignored a warning from the police that the designated capacity 

of the West Terraces as a whole was too high for safety; 

Failed to co-ordinate vith the police and agree a clear division 

of responsibility for the visual monitoring of the nunbers in 

the pens on the West Terraces and for spreading spectators 

evenly through the pens on those terraces;

Obtained a Safety C ertificate cn the false representation to the 

City Council that they had agreed a system of crowd ccntrol with 

the police; 

Failed to appreciate that by reason of the existence of the 

radial fences, the projecting walls at the rear of pens three 

and four and the size and position of the gates in the radial 

fences, the croud requires assistance fran stewards and/or 

police to enable even spread to be achieved; 

Failed to inform the police of the estimated flow rate through 

the tu rn stile s at the Leppings Lane End; 

Failed to observe that by 2.45 pm at the latest pens three and 

four were fu ll or at least approaching capacity; 

Failed to in stitu te any or any adequate system for informing 

stewards and/or police in the concourse between the tu rn stile s 

and the West Stand wall that pens three and four were 

approaching capacity;

Failed to station any or sufficient stewards in the concourse 

between the tu rn stile s and the West Stand te l l to enable if and 

vrfien necessary to direct spectators from any pen which was 

approaching or had reached capacity, and failed to fom ulate any 

plan for the closing of the tunnel (by closing one or both doors, 

by moveable b a rrie rs or by a cordon of police or stewards or 

othervi se); 

Failed to inform stewards and/or police between tu rn stile s and the 

West Stand wall that by 2.45 pm at the latest pens three and four 

were fu ll or at least approaching capacity, and when th is was or 

ought to have been v isib le on the Clubs C.C.T.V. monitors; 

Placed in the perimeter fence, in particular in pens three and 

four gates \rtiich were too snail to be exit gates, in breach of the 

Green Guide; 

Failed to place stewards at the gates in the perimeter fence, with 

clear instruction as to when to open them, in breach of the Green 

Guide; 

Failed to ensure that the crush b arriers in pens three and four 

were of adequate strength and permitted the removal of b a rrie r

- 18 - 

(p) 

Failed together v ith the Police before the 1989 semi-final 

prcperly to review, evaluate and heed the available data 

concerning the nunbers attending the 1988 sem i-final, in 

particular the data that more than the permitted capacity entered 

the tu rn stile s at the Leppings Lane Old, so as to avoid a 

recurrence of such excess entry in 1989; 

(q) 

Failed to possess and/or have readily available bolt cu tters or 

other adequate means to enable the perimeter fence to be opened up 

to allov emergency escape of spectators; 

(r) 

In the premises failed in breach of th e ir duty under section 2 of 

the Occupiers’ L ia b ility Act 1957 and/or negligently to take a ll 

reasonable care for the safety of the Deceased \4iile upcn th e ir 

said premises for the purpose for «hich he vas invited namely as a 

natch spectator; 

(s) 

Failed to provide any sufficient means of escape of the crowd frcm 

the pens in case of emergency,. 

10 Further or in the a lte rn a tiv e the said accident and resultant 

In ju ries and death to the Deceased vere caused by the negligence of the Third 

Defendants th eir servants or agents and/or by the negligence of the Fourth 

Defendants th eir servants or agents. 

The P la in tiff repeats the n a tte rs set 

cut in paragraphs 5 and 6 hereof.

- 19- 

PART ICULARS OF NEGLIGENCE OF THE 

THIRD DEFENDANTS THEIR SERVANTS OR AGENTS 

(a) 

Failed to ensure that the Safety C ertificate granted to the Second 

Defendants contained and/or continued to contain adequate 

conditions for the safety of spectators, that is to say conditions 

providing fo r:- 

(i) 

suitable exit gates in the perimeter fences; 

(ii) 

adequate stevarding and signing to prevent uneven spread 

of spectators and overcrowding; 

( iii) separate entrances for each separate section of the 

ground; 

(b) 

Permitted the erection of radial fences vithout the simultaneous 

in stallatio n of separate tu rn stile entrances and/or vithout 

amending the Safety C ertificate to give designated capacities to 

each pen;

Failed adequate timeously or at a ll to review the Second 

Defendants' Safety C ertificate :c -.sure i ts conditions were 

adequate having regard to works carried out since the original 

grant of the C ertificates; and thereby permitted the C ertificate 

to continue in i t s original form w.en i t s conditions therein were 

inadequate and did not contain conditions as set out in (a) above; 

Failed to convene meetings of the O fficer Working Party; 

Permitted the removal of b a rrie r 144 notwithstanding the danger to 

spectators created thereby in the event of a large influx of 

persons into pen three; 

Permitted the removal of b a rrie r 144 vithout considered advice 

considered advice from the Officer Working Party and without 

having analysed and considered the views of the F irst Defendant 

and the Fourth Defendant. 

PARTICULARS OF NEGLIGENCE OF TOE 

FOURTH DEFENDANTS THEIR SERVANTS OR AGENTS 

Failed as the Second Defendants' Safety Consultant to advise 

against the erection of radial fences without the in sta lla tio n of 

separate tu rn stile s to each pen created thereby;

Failed vfaen their o m i plans for new tu rn stile s had been abandoned, 

to advise the . cccnd Defendants of the necessity to remove the 

radial fences; 

Accepted assurances that the Second Defendants and the Police had 

agreed a system of monitoring the nunbers entering the pens at the 

Leppings Lane end, Wien on a proper analysis, i t should have been 

clear that no such system could operate e ffic ie n tly , particularly 

if the pens were not fille d cne by cne; 

Regarded the pens formed by the radial fences as s t i l l 

constituting one individual terrace; 

Failed to advise against the removal of b a rrie r 144 and failed to 

warn the Second Defendants, the O fficer Working Party, and/or the 

Third Defendants of the dangers thereof; 

Failed to advise the Second Defendants against the placing of 

and/or continuing to have in place in the perimeter fence, gates 

%hich were too srall to be exit gates in breach of the Green Guide 

and/or failed properly to advise the Second Defendants as to the 

failin g s of the gates; 

Failed properly to test the crush b a rrie rs in pen three to ensure 

they were of adequate strength and/or failed to advise the Second 

Defendant of the weaknesses in the b a rrie r which collapsed;

Failed to advise the Second Defendants that the existing tu rn stile 

facilities at the Leppings Lane end were inadequate to acccrrrnodate 

a croud of 24,000 and that for such fa c ilitie s to be adequate they 

should include the n a tte rs set out in sub-pa rag raph (a) above of 

the Particulars of Negligence and Breach of Statutory Duty against 

the Second Defendants; 

Failed to advise the Second Defendants of th eir failu re v ith in the 

ground to sign clearly the existence of and the way to pens 

one/two and six/seven; 

Failed (i ) to recognise the need to provide a sufficient means of 

escape of the crowd from the pens in the event of emergency 

(ii) 

To advise the First, Second and Third Defendants and the 

Football Association of the need to provide such means of 

escape. 

(iii) To heed that the gates provided were not such a sufficient 

means of escape. 

(iv) 

To design a sufficient means of escape as above.

- 23 - 

(k) 

Sanctioned the use of crowd enclosure which was in fact a trap. 

(1) Failed to give adequate consideration and response to the Second 

Defendants' enquiries concerning the certified capacity of the terrace in 

February, Nfarch and April, 1987. 

11 By reason of the n atters aforesaid the Deceased during h is 

lifetim e suffered from his said in ju ries p rio r to death, including pre-inpact 

te rro r pain and suffering, and h is Estate has suffered loss and damage. 

PARTICULARS OF INJURIES 

Crushing and bruising injuries, pain and d istre ss and terro r leading to 

Traumatic Asphyxia. 

Full d e ta ils w ill be available following the release by 

H M Coroner of the postmortem report. 

PARTICULARS PURSUANT TO STATUTE 

The person for \Aiose benefit th is action is brought is the 

deceased's dependant, namely the vide**, Joan Chapman, who was bom on t h e ___ 

and who narried the deceased on the 10th June 1961.

- u - 

The nature of the claim is that the deceased, 

was 50 years cf 

age, was a rmn who worked more or less continually. 

At the time of the death 

he had been in continuous enplcyment for many years with Chanpicn Sparking 

Plug Ccnpany Limited and earned in the region of 

per annum. Also, he 

was a Branch Secretary in the Aim Ignat ed Engineering Union, and in such 

capacity received payments, of 

_______ in 1988 and 

to the f ir s t 

quarter of 1989. 

The deceased was a generous ion and spent a substantial part 

of h is income for the benefit of h is dependants. The deceased was a handyman 

in the matrimonial heme and could decorate, maintain and repair the family 

car, garden, in sta ll central heating, in addition to the dependancy relating 

to the loss of earnings the dependant claims additional ccnpensation for the 

loss of the services of the deceased as a handynan in respect of \Aiich 

expenses w ill now have to be met out of her income. 

The funeral expenses were 

AND the P la in tiff d a im s:- 

Ihder the Fatal Accidents Act 1976 (as amended) damages for the aforesaid 

dependant and for the P la in tif f 's said bereavement. 

Under the Law Reform (Miscellaneous Provisions) Act 1934 danages for the 

benefit of the estate of the deceased.

- 25 - 

Interest pursuant to Section 35a of the Supreme Court Act 1981 at .-uch rate 

and for such period as the Court deems fit. 

TIM K ..’JG 

SERVED th is t *** day of 1989 by TIM KING 

Brian Thompson & Partners, Richmond House, Rumford Place, 

Liverpool, L3 9SVT 

S olicitors for the P lain tiff 

KH/CHAPMN/A89V228 

RE-SERVED this day of 1989 by 

Brian Thompson and Partners, Richmond House, Rumford Place, 

Liverpool, L3 9SW. 

Solicitors for the Plaintiff 

MH/CHA PM A N/A89V228

1989-C-No. 89 5925 



LIVERPi.- DISTRICT REGISTRY 

✓ 

JOAN QiAPIAN 

VIDOV AND ADMINISTRATRIX CF THE ESTATE 

OF RAY1CND TIOAS CHAPMUf DECEASED 

Plaintiff 

-and- 

THE CHIEF OGNSTABLE CF SOUTH 

YORKSHIRE 


and 



and 



and 

EASnOQD ft PARTNERS 

(Consulttog Engineers) 

(a firm) 

Fourth Defendant s 

AMENDED 

STATEMEJfT OF CLAIM 

BRIAN THOMPSON & PARTNERS 

Richmond House, 

Rumford Place, 

Liverpool. 

L3 9SV 

Solicitors for the P la in tiff 

sKfi/CHAPM\N/A89V228/KA

1989-C-No.5925 




BETWEEN: 

JOAN CHAPMAN 

Widow and Administratrix of the 

Estate of Raymond Thomas Chapman 

Deceased 

Plaintiff 

and 

( 1) 

( 2 ) 

(3) 

(4) 

THE CHIEF CONSTABLE OF 

SOUTH YORKSHIRE POLICE 

SHEFFIELD WEDNESDAY FOOTBAT.T. CT.TTR PT.C 


EASTWOOD & PARTNERS 

(Consulting Engineers) 

(a firm) 

Defendants 

DEFENCE OF THE FIRST DEFENDANT 

1. Upon Discovery of the Letters of Administration Paragraph 

1 will be admitted. 

2. Paragraph 2 is admitted. The Police Officers included 

members of the Merseyside and Nottingham Constabulary. 

3. Paragraph 3 is admitted. 


5. Paragraph 5 is admitted.


7&8 These Paragraphs are admitted. 

9. The allegations against the First Defendant of fault and 

causation and negligence and breach of statutory duty are 

each denied. They are made with hindsight. The plans and 

actions of the First Defendant were reasonable in the 

circumstances. 

PLANNING CIRCUMSTANCES 

(a) 

The ground was chosen as suitable by the Football 

Association. 

(b) 

A Safety Certificate granted by the Third Defendant 

was in force. 

(c) 

On other occasions similar Police plans had been 

successful. 

(d) 

The ground was in regular use which had proved to be 

safe with variable numbers of spectators. 

(e) 

No adverse comment about the safety of Policing on 

other similar occasions had been made by any of the 

Second Third or Fourth Defendants or by the Football 

Association or Liverpool Football Club or Nottingham 

Forest Football Club. 

- 2 -

(f) 

The introduction of pens after the 1981 crushing 

incident was believed by each of the Defendants and 

the Football Association to have solved the 

problem. 

(g) 

The system of "self-levelling" of spectators had 

been successful. 

(h) 

The Popplewell recommendations had been heeded. 

(i) 

Most spectators were expected to be good humoured 

and sensible. 

(j) 

The main Police function was expected to be the 

prevention of crime and control of disorder if 

necessary, 

ACTION CIRCUMSTANCES 

(i) 

About 800 Police were deployed on the match 

operation. 

(ii) 

Experienced Officers were in charge. 

(iii) Disorder would have been likely to result from an 

attempt to hold up the crowd at a point away from 

the ground. 

(iv) 

The decision to open Gate C was correct.

(v) 

The "self-levelling" policy was expected to work 

successfully as on previous occasions. 

(vi) 

When the over-crowding emergency was recognised then 

the crush was relieved as quickly as possible. 

10. If the First Defendant is liable (denied) then 

contribution or indemnity is claimed against the Second 

Defendant and Fourth Defendants under Civil Liability 

(Contribution) Act 1978. on the grounds pleaded in the 

Statement of Claim. 

11. The injuries loss and damage are denied. 

12. On the ground of public policy this action does not lie 

against the First Defendant for the reasons given in Hill 

v Chief Constable of West Yorkshire 1988 2 W.L.R. 1049. 

13. Except as above the facts and matters in the Statement of 

Claim are each denied. 

SERVED the 22nd day of September 1989 

RICHARD PAYNE 

Hammond Suddards Solicitors 

Empire House 

10 Piccadilly 

BRADFORD 

BD1 3 LR 

iD'^xOO'/":sw>

1989—C-No. 5925 




BETWEEN: 

JOAN CHAPMAN 

Widow and Adminstratrix of the 

Estate of Raymond Thomas Chapman 

Deceased 

Plaintiff 

i 

(1) THE CHIEF CONSTABLE OF 


(2) SHEFFIELD WEDNESDAY FOOTBALL 

CLUB PLC 

(3) SHEFFIELD CITY COUNCIL 

(4) EASTWOOD & PARTNERS 


(a firm) 

Defendants 

DEFENCE OF THE FIRST DEFENDANT 

< 

Hammond Suddards 

Solicitors 

Empire House 

10 Piccadilly 

Bradford BD1 3LR 

Tele: 0274 734700 

Telex: 517201 

Fax: 0274 737547 Gps 2/3 

Ref: PCM/26700/547 9 ~ 

LDEFBL40 01/PCM (SW)

I N T H E H I G H C O U R T O F J U S T I C E 

1989 C NO 5925 

Q U E E N 'S B E N C H D I V I S I O N 

L IV E R P O O L D I S T R I C T R E G IS T R Y 

B E T W E E N : 

J O A N C H A P M A N 

W ID O W A N D A D M I N I S T R A T R I X O F T H E E S T A T E O F 

R A Y M O N D T H O M A S C H A P M A N D E C E A S E D 

-a n d - 

P l a i n t i f f 

T H E C H I E F C O N S T A B L E O F S O U T H Y O R K S H IR E P O L I C E 

-a n d - 

F i r s t D e f e n d a n t s 

S H E F F I E L D W E D N E S D A Y F O O T B A L L C L U B P L C 

-a n d - 

S e c o n d D e f e n d a n t s 

r 

S H E F F I E L D C I T Y C O U N C IL 

-a n d - 

T h i r d D e f e n d a n t s 

EA S TW O O D & P A R T N E R S ( C O N S U L T IN G E N G IN E E R S ) 

(a firm ) 

F o u r t h D e f e n d a n t s 

D E F E N C E O F T H E S E C O N D D E F E N D A N T S 

1

2 . S u b j e c t t o p r o d u c t i o n o f t h e m a t e r i a l d o c u m e n t s p a r a g r a p h 

2 o f t h e S t a t e m e n t o f C l a i m i s a d m i t t e d . 

2 . S a v e t h a t n o t a l l t h e P o l i c e O f f i c e r s t o w h o m r e f e r e n c e i s 

m a d e i n t h e S t a t e m e n t o f C l a i m w e r e m e m b e r s o f t h e S o u t h 

Y o r k s h i r e F o r c e b u t t h e y w e r e a l l a c t i n g u n d e r t h e c o n t r o l o f t h e 

F i r s t D e f e n d a n t a s p l e a d e d , 

p a r a g r a p h 2 o f t h e S t a t e m e n t o f C l a i m 

i s a d m i t t e d a n d i t i s a v e r r e d t h a t t h e F i r s t D e f e n d a n t w a s a t a 

l l 

m 

a t e r i a l t i m e s a c t i n g i n p e r f o r m a n c e o r p u r p o r t e d p e r f o r m a n c e o f 

a c o n t r a c t b e t w e e n h i m s e l f a n d t h e S e c o n d D e f e n d a n t w h i c h 

p r o v i d e d f o r t h e p o l i c i n g o f t h e g r o u n d a n d o f t h e e v e n t i n 

q u e s t i o n . 

3 . P a r a g r a p h 3 o f t h e S t a t e m e n t o f C l a i m i s a d m i t t e d b u t i t i s 

a v e r r e d t h a t a t a l l m a t e r i a l t i m e s t h e F i r s t D e f e n d a n t w a s a l s o 

a n o c c u p i e r o f t h e g r o u n d f o r t h e p u r p o s e s o f t h e O c c u p i e r s 

L i a b i l i t y A c t 1 9 5 7 , a n d w a s i n c o n t r o l o f t h e ^ v e n t a n d o f a l l 

m e m b e r s o f t h e p u b l i c a d m i t t e d t h e r e t o . 

4 . P a r a g r a p h 4 o f t h e S t a t e m e n t o f C l a i m i s a d m i t t e d . 

5 . S a v e t h a t t h e o n l y w o r k s w h i c h w e r e d i r e c t e d a n d / o r 

s u p e r v i s e d b y t h e T h i r d D e f e n d a n t s w e r e t h o s e w h i c h w e r e m 

a t e r i a l 

t o t h e i r s a f e t y c e r t i f i c a t e , p a r a g r a p h 5 o f t h e S t a t e m e n t o f 

C l a i m i s a d m i t t e d . 

6 . P a r a g r a p h 6 o f t h e S t a t e m e n t o f c l a i m i s a d m i t t e d . 

2

7 . S a v e t h a t t h e D e c e a s e d w a s , i n t h e p r e m i s e s , a l a w f u l 

v i s i t o r o f b o t h t h e F i r s t a n d S e c o n d D e f e n d a n t s w i t h i n t h e 

m e a n i n g o f t h e O c c u p i e r s 7 L i a b i l i t y A c t p a r a g r a p h 7 o f t h e 

S t a t e m e n t o f C l a i m i s a d m i t t e d . 

8 . A s t o t h e m a t t e r s a l l e g e d i n p a r a g r a p h 8 o f t h e S t a t e m e n t 

o f C l a i m , t h e S e c o n d D e f e n d a n t s : 

( i ) a d m i t t h a t , b y 3 . 0 0 p . m . a t t h e e a r l i e s t , p e n t h r e e 

w a s o v e r c r o w d e d a n d t h a t c r u s h i n g w a s o c c u r r i n g ; 

( i i ) a d m i t t h a t t h e d e c e a s e d w a s s u b j e c t e d t o s u c h c r u s h i n g 

a n d a s a r e s u l t s u s t a i n e d i n j u r y f r o m w h i c h h e d i e d t h a t d a y ; 

( i i i ) a d m i t t h a t a b a r r i e r c o l l a p s e d o n t h e t e r r a c e b u t d e n y 

t h a t t h i s c o l l a p s e o c c u r r e d b e f o r e 3 . 0 0 p . m ; 

( i v ) d e n y t h a t t h e c o l l a p s e o f t h e b a r r i e r c a u s e d o r 

c o n t r i b u t e d t o a n y i n j u r y o r d e a t h . 

S a v e a s a f o r e s a i d p a r a g r a p h 8 o f t h e S t a t e m e n t o f C l a i m i s 

d e n i e d . 

9 . I t i s a d m i t t e d a n d a v e r r e d t h a t t h e F i r s t D e f e n d a n t a c t e d 

n e g l i g e n t l y a n d i n b r e a c h o f d u t y , b o t h c o n t r a c t u a l l y a n d 

s t a t u t o r i l y , a n d t h a t h i s s a i d b r e a c h e s c a u s e d t h e d e a t h o f t h e 

d e c e a s e d . T h e S e c o n d D e f e n d a n t s w i l l a d o p t a n d r e l y u p o n t h e 

m a t t e r s p l e a d e d a g a i n s t t h e F i r s t D e f e n d a n t u n d e r t h e f o l l o w i n g 

s u b - p a r a g r a p h s o f p a r a g r a p h 9 o f t h e S t a t e m e n t o f C l a i m : ( d ) , 

( e ) , ( h ) , ( k ) , ( 1 ) , ( m ) , ( n ) , ( o ) , ( p ) , ( q ) , ( r ) , ( s ) , ( t ) , a n d 

( u ) - s u b j e c t t o t h e d e l e t i o n o f t h e w o r d " f o r w a r d s " f r o m t h e 

p e n u l t i m a t e l i n e o f t h a t s u b - p a r a g r a p h . 

3

L O . T h e s e c o n d D e f e n d a n t s w i l l f u r t h e r r e l y u p o n t h e f a c t t h a t 

a t a l l m 

a t e r i a l t i m e s t h e F i r s t D e f e n d a n t w a s i n j o i n t o c c u p a t i o n 

o f t h e p r e m i s e s a n d a c c o r d i n g l y o w e d t o t h e P l a i n t i f f a d u t y t o 

e n s u r e t h a t t h e y w e r e r e a s o n a b l y s a f e f o r t h e p u r p o s e s f o r w h i c h 

b e h a d b e e n i n v i t e d t o v i s i t t h e s a m e , 

a n d i n s o f a r a s t h e y w e r e 

u n s a f e t h a t r e s u l t e d s o l e l y f r o m t h e a c t i v i t i e s w h i c h w e r e u n d e r 

t h e c o n t r o l o f t h e F i r s t D e f e n d a n t s . 

) 

L I . I t i s d e n i e d t h a t t h e S e c o n d D e f e n d a n t s a c t e d n e g l i g e n t l y 

o r 

i n b r e a c h o f d u t y a s a l l e g e d o r a t a l l o r t h a t a n y n e g l i g e n c e 

o r b r e a c h o f d u t y o n t h e i r p a r t c a u s e d o r c o n t r i b u t e d t o t h e 

d e a t h o f t h e d e c e a s e d . W i t h o u t p r e j u d i c e t o t h e g e n e r a l i t y o f 

t h a t d e n i a l t h e S e c o n d D e f e n d a n t s w i l l s p e c i f i c a l l y c o n t e n d t h a t : 

( a ) t h e t u r n s t i l e f a c i l i t i e s a t t h e L e p p i n g s L a n e 

e n d o f t h e g r o u n d w e r e a d e q u a t e h a v i n g r e g a r d t o t h e r e a s o n a b l e 

e x p e c t a t i o n s o f t h e S e c o n d D e f e n d a n t s a n d t h e p o l i c i n g 

r e q u i r e m e n t s o f t h e F i r s t D e f e n d a n t s a n d t h e n e e d s e n s i b l y t o 

b a l a n c e t h e d e m a n d s o f s e g r e g a t i o n a n d p u b l i c o r d e r o n t h e o n e 

h a n d a n d c o n t r o l l e d e n t r y o f s u p p o r t e r s f o r a s e m i - f i n a l m a t c h 

o n t h e o t h e r ; 

( b ) t h e s i g n i n g s y s t e m w i t h i n t h e g r o u n d t o t h e p e n s , 

t h o u g h a d m i t t e d l y p o o r , d i d n o t c a u s e o r c o n t r i b u t e a n d w a s n o t 

i n a n y w a y r e l e v a n t t o t h e d e a t h o f t h e d e c e a s e d . I t i s 

s p e c i f i c a l l y d e n i e d t h a t t h e c r u s h w h i c h l e d t o h i s d e a t h c o u l d 

o r w o u l d h a v e b e e n p r e v e n t e d b y b e t t e r s i g n - p o s t i n g ; 

4

( c ) i t w o u l d h a v e b e e n w h o l l y i m p r a c t i c a b l e a n d 

l a r g e l y p o i n t l e s s t o a t t e m p t m e c h a n i c a l l y t o m o n i t o r t h e e n t r y 

o f n u m b e r s t o t h e i n d i v i d u a l p e n s t h e r e q u i r e d d e s i g n o f w h i c h 

e x p r e s s l y p r o v i d e d f o r t h e m t o r e m a i n o p e n a n d t o a l l o w f r e e 

l a t e r a l m o v e m e n t . T h e S e c o n d D e f e n d a n t s w i l l f u r t h e r r e l y u p o n 

t h e f a c t t h a t w h a t e v e r s y s t e m h a d b e e n e m p l o y e d t o m o n i t o r t h e 

n u m b e r s i n p e n s 3 a n d 4 i t w o u l d h a v e b e e n d e f e a t e d a n d r e n d e r e d 

u s e l e s s b y t h e F i r s t D e f e n d a n t ' s d e c i s i o n s u d d e n l y a n d w i t h o u t 

w a r n i n g t o o p e n " C " g a t e a n d t h e r e b y t o a l l o w a p p r o x i m a t e l y 2 , 0 0 0 

p e r s o n s d i r e c t l y , r a p i d l y a n d w i t h o u t c o n t r o l t o e n t e r t h o s e 

p e n s ; 

( d ) i t i s d e n i e d t h a t t h e p o l i c e a t a n y m a t e r i a l t i m e 

g a v e a n y o r a n y a d e q u a t e w a r n i n g t h a t t h e d e s i g n a t e d c a p a c i t y 

o f t h e T e r r a c e w a s t o o h i g h f o r s a f e t y . I t i s a d m i t t e d a n d i n 

s o f a r a s i t i s n o t a l l e g e d i t i s a v e r r e d t h a t i n a l e t t e r d a t e d 

5 t h J u n e 1 9 8 1 t h e p o l i c e d i d e x p r e s s t h e v i e w t h a t t h e t e r r a c e 

w a s " . . . n o t c o n s t r u c t e d t o g i v e m a x im u m a i d t o t h e p a c k i n g a n d 

c o n t r o l o f t h e c r o w d a n d t h e a c c e p t e d c r o w d c a p a c i t y i s s u c h t h a t 

t h e r e i s n o s a f e t y m a r g i n . " T h e s e c o n d d e f e n d a n t s w i l l r e l y u p o n 

t h e f a c t t h a t f o l l o w i n g t h e i r r e c e i p t o f t h a t l e t t e r t h e d e s i g n 

o f t h e t e r r a c e w a s a l t e r e d i n a c c o r d a n c e w i t h t h e s u g g e s t i o n s o f 

t h e p o l i c e a n d w i t h t h e a p p r o v a l o f t h e t h i r d d e f e n d a n t s a n d t h a t 

t h e c e r t i f i e d c a p a c i t y w a s t h e r e a f t e r r e t a i n e d a t t h e s a m e 

f i g u r e s ; 

5

( e ) t h e r e w a s a t a l l m a t e r i a l t i m e s a c l e a r 

u n d e r s t a n d i n g b e t w e e n p o l i c e a n d t h e S e c o n d D e f e n d a n t s a s t o t h e 

m a n n e r i n w h i c h t h e n u m b e r s i n t h e p e n s w o u l d b e m o n i t o r e d a n d 

c o n t r o l l e d b y t h e p o l i c e , w h o a l o n e w e r e o c c u p y i n g t h e o n l y 

p o s i t i o n s f r o m w h i c h t h i s c o u l d e f f e c t i v e l y b e d o n e , 

a n d i n t h i s 

r e g a r d t h e S e c o n d D e f e n d a n t s w 

i l l p a r t i c u l a r l y r e l y u p o n t h e f a c t 

t h a t t h e p o l i c e w e l l k n e w t h a t n o n e o f t h e S e c o n d D e f e n d a n t s ' 

e m p l o y e e s w a s o r w a s r e q u i r e d b y t h e m ( t h e p o l i c e ) t o b e p r e s e n t 

i n t h e c o n t r o l b o x , o n t h e t e r r a c e o r i n t h e p e r i m e t e r a r e a ; 

i. ' 

( f ) n o r e p r e s e n t a t i o n o f a n y k i n d w a s m a d e b y o r 

w i t h t h e k n o w l e d g e o f t h e S e c o n d D e f e n d a n t s t o t h e C i t y C o u n c i l 

c o n c e r n i n g a n y a g r e e d s y s t e m o f c r o w d c o n t r o l a n d i f , w h i c h i s 

n o t a d m i t t e d , a n y r e p r e s e n t a t i o n w a s m a d e i t w a s m a d e b y t h e 

F i r s t D e f e n d a n t s ; 

( g ) i f a n d t o t h e e x t e n t t h a t t h e c o n f i g u r a t i o n o f 

t h e t e r r a c e d i c t a t e d a n e e d f o r t h e c r o w d t o b e a s s i s t e d i n 

s p r e a d i n g i t s e l f e v e n l y , t h e S e c o n d D e f e n d a n t s w e r e e n t i t l e d 

r e a s o n a b l y t o h a v e r e g a r d t o t h e f a c t t h a t t h e p o l i c e h a d 

e x c l u s i v e c o n t r o l o f t h a t c r o w d ; 

( h ) t h e y d i d i n f o r m t h e p o l i c e o f t h e e s t i m a t e d f l o w 

r a t e t h r o u g h t h e t u r n s t i l e s - a n d , i n d o i n g s o , i n f a c t u n d e r 

e s t i m a t e d t h a t r a t e . T h e S e c o n d D e f e n d a n t s w i l l f u r t h e r r e l y 

u p o n t h e f a c t t h a t t h e i r s a i d e s t i m a t i o n w o u l d i n f a c t h a v e b e e n 

e x c e e d e d i f t h e a r e a o u t s i d e t h e t u r n s t i l e s h a d b e e n s e n s i b l y a n d 

p r o p e r l y p o l i c e d ; 

6

( i ) t h e y w e r e e n t i t l e d t o a n d d i d r e l y u p o n t h e f a c t 

t h a t t h e p o l i c e h a d a p o s i t i o n o f u n p a r r e l l e d a d v a n t a g e f r o m 

w h i c h t o v i e w t h e s t a t e o f t h e t e r r a c e - b o t h f r o m t h e i r c o n t r o l 

r o o m a n d f r o m t h e p e r i m e t e r , a n d t h a t t h e p o l i c e h a d c o n t r o l o f , 

o r t h e m e a n s t o c o n t r o l , t h e c r o w d t h e r e o n a t a l l m a t e r i a l t i m e s ; 

( j ) t h e r e w a s a t a l l m a t e r i a l t i m e s a p e r f e c t l y 

s a t i s f a c t o r y s y s t e m f o r k e e p i n g p o l i c e o n t h e c o n c o u r s e i n f o r m e d 

o f t h e s t a t e o f t h e t e r r a c e a n d e f f i c i e n t a n d e x p e n s i v e 

e q u i p m e n t h a d b e e n i n s t a l l e d a t t h e r e q u e s t o f t h e p o l i c e b y t h e 

S e c o n d D e f e n d a n t s a n d a t t h e i r e x p e n s e i n o r d e r t o f a c i l i t a t e 

t h a t ; a n d t h e r e s h o u l d h a v e b e e n n o c o n c e i v a b l e a d v a n t a g e t o b e 

d e r i v e d f r o m i n f o r m i n g t h e s t e w a r d s o n t h e c o n c o u r s e o f t h e s t a t e 

o f t h e t e r r a c e ; 

( k ) t h e o n l y r e a s o n a b l e m e a n s b y w h i c h s p e c t a t o r s 

c o u l d e f f e c t i v e l y h a v e b e e n d i r e c t e d f r o m p e n s 3 a n d 4 w a s t h e 

c l o s i n g o f t h e t u n n e l . 

I t s h o u l d h a v e b e e n w h o l l y u n n e c e s s a r y f o r 

a n y s t e w a r d t o h a v e b e e n i n v o l v e d i n t h a t s i m p l e p r o c e s s . T h e r e 

w a s a m o v e a b l e b a r r i e r a v a i l a b l e f o r t h e p u r p o s e a n d i f t h e 

P o l i c e h a d , f o r a n y r e a s o n , r e q u i r e d a s s i s t a n c e w i t h i t , 

s t e w a r d s 

w e r e a v a i l a b l e i n t h e a r e a s t a n d i n g b e s i d e p o l i c e o f f i c e r s a t a 

l l 

t i m e s . I f a n y w a r n i n g o f t h e i n t e n t i o n t o o p e n " C " g a t e h a d b e e n 

g i v e n t o t h o s e s t e w a r d s a n d / o r t o t h o s e o f f i c e r s t h e t u n n e l w o u l d 

h a v e b e e n c l o s e d ; 

7

( 1 ) t h e S e c o n d D e f e n d a n t s w i l l r e l y u p o n t h e f a c t 

t h a t t h e y d i d r e g u l a r l y i n f o r m t h e p o l i c e i n t h e c o n t r o l b o x o f 

t h e n u m b e r s o f s p e c t a t o r s w h o h a d b e e n a d m i t t e d a n d t h a t t h o s e 

o f f i c e r s h a d a b e t t e r v i e w o f t h e p e n s i n q u e s t i o n t h a n d i d 

a n y o n e e l s e a n d i t s h o u l d h a v e b e e n p o i n t l e s s a n d u n n e c e s s a r y f o r 

a n y b o d y t o i n f o r m t h e m o f w h a t w a s p l a i n f o r t h e m t o s e e b u t 

d i f f i c u l t t o j u d g e f r o m o t h e r p l a c e s i n t h e g r o u n d ; 

( m ) t h e g a t e s i n t h e p e r i m e t e r f e n c e p r e c i s e l y 

a c c o r d e d w i t h t h e r e q u i r e m e n t s o f t h e l o c a l a u t h o r i t y 

( t h e T h i r d 

D e f e n d a n t s o r t h e i r p r e d e c e s s o r s ) w h o a t a l l t i m e s l i c e n s e d t h e 

p r e m i s e s f o r t h e p u r p o s e s o f t h e S a f e t y o f S p o r t s G r o u n d s A c t a n d 

i t w o u l d n o t h a v e b e e n o p e n t o t h e S e c o n d D e f e n d a n t s t o a l t e r t h e 

d i m e n s i o n s o f t h o s e g a t e s i n a n y e v e n t . I t i s s p e c i f i c a l l y 

d e n i e d t h a t t h e s i z e o f t h e g a t e s c a u s e d o r c o n t r i b u t e d i n a n y 

w a y t o t h e d e a t h o f t h e d e c e a s e d ; 

( n ) t h e g a t e s i n t h e p e r i m e t e r f e n c e w e r e t o t h e 

k n o w l e d g e o f t h e S e c o n d D e f e n d a n t s a l l m a n n e d a t a l l t i m e s t>y 

p o l i c e o f f i c e r s a n d i t w a s n o t o n l y u n n e c e s s a r y f o r s t e w a r d s a l s o 

t o m a n t h e m b u t w o u l d h a v e b e e n d a n g e r o u s t o c o n f u s e 

r e s p o n s i b i l i t y f o r t h e c o n t r o l o f t h o s e g a t e s t h e o p e n i n g a n d 

c l o s i n g o f w h i c h w e r e n e c e s s a r i l y m a t t e r s f o r p o l i c e d e c i s i o n a n d 

a c t i o n ;

( o ) t h e S e c o n d D e f e n d a n t s t o o k a l l r e a s o n a b l e s t e p s 

t o e n s u r e t h a t t h e c r u s h b a r r i e r s w e r e s a f e a n d c o n f o r m e d t o t h e 

r e q u i r e m e n t s o f t h e l i c e n s i n g a u t h o r i t y a n d i t i s d e n i e d t h a t 

t h e y p e r m i t t e d t h e r e m o v a l o f a n y o f t h e m . T h e y r e t a i n e d t h e 

s e r v i c e s o f t h e F o u r t h D e f e n d a n t s w h o w e r e c o m p e t e n t e x p e r t s i n 

t h a t f i e l d . T h e c r u s h b a r r i e r s w e r e i n f a c t s a f e i n a l l m a t e r i a l 

r e s p e c t s ; 

( p ) t h e S e c o n d D e f e n d a n t s t o o k a l l r e a s o n a b l e s t e p s 

t o p l a n f o r t h e 1 9 8 9 s e m i - f i n a l a n d t o o k a c c o u n t o f a l l t h e 

i n f o r m a t i o n w h i c h w a s a v a i l a b l e t o t h e m ; 

( q ) i t w o u l d n o t h a v e b e e n r e a s o n a b l e f o r t h e S e c o n d 

D e f e n d a n t s t o h a v e a v a i l a b l e o r , i n d e e d , t o a n t i c i p a t e a n y n e e d 

f o r b o l t c u t t e r s b e c a u s e i t w a s w h o l l y u n f o r e s e e a b l e t h a t t h e 

p o l i c e w o u l d f a i l a n d / o r r e f u s e t o o p e n t h e p e r i m e t e r g a t e s u n t i l 

a t i m e w h e n t h e c r u s h b e h i n d t h e m w a s s o b a d t h a t c u t t e r s w e r e 

r e q u i r e d ; 

1 6 (. F u r t h e r a n d / o r i n t h e a l t e r n a t i v e t h e S e c o n d D e f e n d a n t s 

w i l l c o n t e n d t h a t i f , w h i c h i s d e n i e d , t h e p h y s i c a l l a y o u t o f t h e 

p r e m i s e s o r t h e c o n d i t i o n o f a n y p a r t t h e r e o f w a s d e f e c t i v e o r 

i n a d e q u a t e a s i s a l l e g e d i n t h e s t a t e m e n t o f c l a i m a n d , 

w h i c h i s 

a l s o d e n i e d , t h a t t h e s a m e c a u s e d o r c o n t r i b u t e d i n a n y w a y t o 

t h e d e a t h o f t h e d e c e a s e d t h e n t h a t d e a t h w a s d u e t o t h e 

n e g l i g e n c e o f t h e T h i r d a n d o r F o u r t h D e f e n d a n t s . 

9

P A R T IC U L A R S O F N E G L IG E N C E O F T H E T H I R D A N D F O U R T H D E F E N D A N T S 

A . A s a g a i n s t t h e T h i r d D e f e n d a n t s t h e S e c o n d D e f e n d a n t s w i l l 

i f n e c e s s a r y a d o p t a n d r e l y u p o n t h e a l l e g a t i o n s p l e a d e d a g a i n s t 

t h e T h i r d D e f e n d a n t s u n d e r s u b - p a r a g r a p h s ( a ) - ( f ) i n c l u s i v e o f 

t h e S t a t e m e n t o f C l a i m . 

B . A s a g a i n s t t h e F o u r t h D e f e n d a n t s t h e S e c o n d D e f e n d a n t s w i l l 

i f n e c e s s a r y a d o p t a n d r e l y u p o n t h e a l l e g a t i o n s p l e a d e d a g a i n s t 

t h o s e d e f e n d a n t s u n d e r s u b - p a r a g r a p h s ( a ) , ( b ) , ( d ) , ( e ) , ( f ) , 

( g ) , a n d ( h ) o f t h e S t a t e m e n t o f C l a i m a n d w i l l f u r t h e r c o n t e n d 

t h a t t h e F o u r t h D e f e n d a n t s w e r e n e g l i g e n t i n f a i l i n g t o g i v e 

a d e q u a t e c o n s i d e r a t i o n a n d r e s p o n s e t o t h e S e c o n d D e f e n d a n t s 7 

e n q u i r i e s c o n c e r n i n g t h e c e r t i f i e d c a p a c i t y o f t h e t e r r a c e i n 

F e b r u a r y , M a r c h a n d A p r i l 1 9 8 7 . 

l i . I t i s a d m i t t e d t h a t t h e d e c e a s e d d i e d a s a r e s u l t o f t h e 

i n j u r i e s w h i c h h e s u s t a i n e d b u t n o o t h e r a d m i s s i o n s a r e m a d e 

a s 

t o a n y o f t h e m a t t e r s a l l e g e d u n d e r p a r a g r a p h 1 1 o f t h e S t a t e m e n t 

o f C l a i m . 

R IC H A R D D A V IE S 

S E R V E D T H I S V D A Y O F S E P T E M B E R 1 9 8 9 b y 

D A V IE S A R N O L D C O O P E R o f 1 2 B r i d e w e l l P l a c e L o n d o n E C 4 V 6 A D . 

S o l i c i t o r s f o r t h e S e c o n d D e f e n d a n t s .

IN THE HIGH COURT OF JUSTICE 1989 C. No. 895925 



BETWEEN 

JOAN CHAPMAN 

(Widow and Administratrix of.the Estate 

of RAYMOND THOMAS CHAPMAN deceased) 

Plaintiff 

and 

THE CHIEF CONSTABLE OF SOUTH YORKSHIRE POLICE 

First Defendant 

and 



and 



and 



(a firm) 


DEFENCE OF THE THIRD DEFENDANTS 

Save that the Third Defendants make no admissions as to the existence 

nature and extent of the duty of care alleged in paragraph 5 of the 

Statement of Claim, paragraphs I to 8 inclusive of the Statement of 

Claim are admitted.

It is denied that the said accident and resultant injuries to and death 

of the deceased were- caused by the negligence of the Third Defendants 

their servants or agents whether as alleged in paragraph 10 of the 

Statement of Claim- 

Each and every allegation of negligence on the part 

of the Third Defendants their servants or agents is denied. 

It is expressly denied that any act or default of the Third Defendants 

their servants or agents was causative of the death or injury of the 

deceased. 

The Safety Certificate applicable to the Hillsborough Stadium at the 

material time did contain adequate provision for the reasonable safety 

of spectators. 

The events which preceded and caused the death and injury 

of the deceased were wholly outside the control of the Third Defendants 

and could not. have been prevented by any provision or stipulation in the 

Safety Certificate which might reasonably have been foreseen by these 

Defendants. 

Without prejudice to the generality of the matters set out in paragraphs 

3 and 4 of the Defence the Third Defendants will aver: 

(a) 

That designating crowd capacities for a pen which was not a 

self-contained area and in respect of which spectators would be 

free to come and go throughout an event would have no practical 

meaning or effect. 

(b) 

That any capacity that might have been fixed for the said pen could 

not have been enforced so long as spectators were free to move 

between pens. 

-

(c) 

That the exit gates in the perimeter fences were adequate for 

their intended purpose. 

(d) 

That the Safety Certificate did make adequate provision for 

stewarding. 

The deployment of stewards and their proper areas 

of responsibility were matters for the Second Defendants in 

consultation with the First Defendant. 

(e) 

That meetings of the Officer Working Party were regularly convened 

(f) 

That the provision of signposting to control the directional 

flow of spectators within the stadium was a matter for the Second 

Defendants in consultation with the First Defendant. 

Signposting 

which might be suitable for one event such as a normal football 

league match where supporters of the "away” team might 

conveniently be accommodated in only one pen might not be suitable 

for another event such as a semi-final game at which many more 

spectators might be expected to attend. 

It is the responsibility 

of the ground managers (the Second Defendants) to decide in 

respect of each event the nature of the signposting controlling 

the directional flow of spectators within the ground that is 

best suited to that particular event. 

(g) 

The decision to remove barrier 144 was based upon the 

recommendation of the Fourth Defendants who in turn had 

considered and approved a suggestion advanced by the First 

Defendant, with regard to the removal of the said barrier on the 

grounds of crowd safety. 

It was not reasonably foreseeable by the 

Third Defendants that such an influx of spectators upon an already 

-3-

full pen might occur as happened on 15th April 1989. 

It was 

reasonable for the Third Defendants to believe that the crowd 

levels within the said pen and the rate of ingress thereto would 

at all times be properly monitored and stewarded by servants or 

agents of the First and/or Second Defendants. 

No adverse 

consequences of the removal of the said barrier had been brought 

to the attention of the Third Defendants from the date of its 

removal until the 15th April 1989 notwithstanding the fact that 

semi-final football matches had been played at Hillsborough during 

the said period and that the Fourth Defendants had provided a 

ground safety certificate during the said period. 

Notwithstanding 

the matters aforesaid it is denied that the removal of barrier 144 

caused the death or injury of the deceased. 

N 

The said accident was caused by the negligence of the First Defendants their 

servants or agents and/or by the negligence of the Second Defendants their 

servants or agents. 

N 

Particulars of Negligence 

of First Defendant His Servants or Agents 

The Third Defendants repeat herein sub-paragraphs 9(a) and 

9(c) to 9(w) of the allegations of negligence against the 

First Defendant in the Statement of Claim. 

Particulars of Negligence 

of Second Defendants Their Servants or Agents 

The Third Defendants repeat herein sub-paragraphs 9(a) and 

9(b); 9(d) to 9(1) inclusivef^9(n) and 9(p) to 9(r) inclusive

of the allegations of negligence against the Second Defendants 

in the Statement of Claim. 

7. No admissions are made as to the existence nature and effect of any 

injuries sustained by the deceased as a result of the accident prior to 

h.is death. 

The nature and extent of the loss and damage sustained by 

the Plaintiff is not admitted; that such loss or damage was caused by the 

Third Defendants is denied. 

M.J.A. MURPHY 

SERVED this 

day of September 1989 by Messrs. Keeble Hawson of Old 

Cathedral Vicarage, St. James' Row, Sheffield SI IXA. 

Solicitors for the Third 

Defendants. 

-5-

A m e n d e d p u r s u a n t t o t h e l e a v e o f M r . J u s t i c e R o s e g i v e n o n 2 6 t h 

O c t o b e r 1 9 8 9 . 

I N T H E H I G H C O U R T O F J U S T I C E 1 9 8 9 C N 0 ._ 8 9 5 9 2 5 

Q U E E N ' S B E N C H D I V I S I O N 




W id o w a n d A d m i n i s t r a t r i x o f t h e E s t a t e o f 

R a y m o n d T h o m a s C h a p m a n d e c e a s e d 

P 

l a i n t i f f 

a n d 

T H E C H I E F C O N S T A B L E OF S O U T H Y O R K S H IR E P O L I C E 

First, PefeMant 

a n d 

S H E F F I E L D W E D N E S D A Y F O O T B A L L C L U B 

S e c o n d 

P e f e M a a t 

a n d 

S H E F F I E L D C I T Y 

C O U N C IL 

. T h i x f l . D e f e n d a n t 

a n d 

EA S TW O O D & P A R T N E R S ( C O N S U L T IN G E N G IN E E R S ) 

( A F i r m ) 

F o u r t h 

D e f e n d a n t 

A M E N D E D D E F E N C E O F T H E F O U R T H D E F E N D A N T S 

1. S u b j e c t t o p r o d u c t i o n o f t h e r e l e v a n t d o c u m e n t s , 

p a r a g r a p h 1 o f t h e A m e n d e d S t a t e m e n t o f C l a i m i s a d m i t t e d . 

2. P a r a g r a p h s 2 , 3 a n d 4 A o f t h e A m e n d e d S t a t e m e n t o f C l a i m 

a r e a d m i t t e d . T h e F o u r t h D e f e n d a n t s d o n o t p l e a d t o p a r a g r a p h 

4 B o f t h e A m e n d e d S t a t e m e n t o f C l a i m , .

2 

3. A s t o p a r a g r a p h 5 o f t h e A m e n d e d S t a t e m e n t o f C l a i m , t h e 

S a f e t y C e r t i f i c a t e w a s i s s u e d b y t h e S o u t h Y o r k s h i r e C o u n t y 

C o u n c i l ( " S Y C C " ) , w h i c h w a s t h e b o d y h a v i n g r e s p o n s i b i l i t y 

u n d e r t h e S a f e t y o f S p o r t s G r o u n d s G r o u n d A c t 1 9 7 5 i n t h e a r e a 

i n w h i c h H i l l s b o r o u g h S t a d i u m i s s i t u a t e d u n t i l t h e a b o l i t i o n 

o f S Y C C a s a r e s u l t o f l o c a l g o v e r n m e n t r e o r g a n i s a t i o n o n 1 s t 

A p r i l 1 9 8 6 . F o r t h e p u r p o s e o f d i s c h a r g i n g i t s 

r e s p o n s i b i l i t i e s u n d e r t h e 1 9 7 5 A c t S Y C C a p p o i n t e d a n O f f i c e r 

W o r k i n g P a r t y ( " t h e W o r k i n g P a r t y " ) w h i c h i n c l u d e d s e n i o r 

r e p r e s e n t a t i v e s o f t h e P o l i c e a n d t h e F i r e S e r v i c e a n d a 

C h a r t e r e d E n g i n e e r r e p r e s e n t a t i v e o f t h e B u i l d i n g S u r v e y o r ' s 

D e p a r t m e n t o f t h e T h i r d D e f e n d a n t s . I t i s a d m i t t e d t h a t t h e 

W o r k i n g P a r t y m a d e p e r i o d i c v i s i t s t o t h e s t a d i u m ( n o r m a l l y 

t w i c e a y e a r ) a n d d i r e c t e d a n d a p p r o v e d t h e c a r r y i n g o u t o f 

w o r k s t h e r e t o . O n t h e a b o l i t i o n o f t h e S Y C C , i t s 

r e s p o n s i b i l i t i e s u n d e r t h e s a i d A c t p a s s e d t o t h e T h i r d 

D e f e n d a n t s , w h o c o n t i n u e d t o u s e t h e W o r k i n g P a r t y a s b e f o r e , 

e x c e p t t h a t t h e b i - a n n u a l i n s p e c t i o n s w e r e r e p l a c e d b y a n 

a n n u a l i n s p e c t i o n . I t w a s n o r m a l f o r a r e p r e s e n t a t i v e o f t h e 

F o u r t h D e f e n d a n t s t o b e p r e s e n t a t t h e b i - a n n u a l o r a n n u a l 

i n s p e c t i o n s , b u t t h e y w e r e n o t m e m b e r s o f t h e W o r k i n g P a r t y a n d 

d i d n o t o t h e r w i s e a t t e n d i t s m e e t i n g s . 

4 . P a r a g r a p h 6 o f t h e A m e n d e d S t a t e m e n t o f C l a i m i s d e n i e d . 

T h e F o u r t h D e f e n d a n t s w e r e i n i t i a l l y e n g a g e d b y t h e S e c o n d 

D e f e n d a n t s t o a d v i s e a n d a c t f o r t h e S e c o n d D e f e n d a n t s a s 

S t r u c t u r a l E n g i n e e r s i n t h e i r d e a l i n g s w i t h t h e S Y C C i n 

c o n n e c t i o n w i t h t h e o b t a i n i n g o f a S a f e t y C e r t i f i c a t e u n d e r t h e

I 

3 

1 9 7 5 A c t . A f t e r t h e g r a n t o f t h e S a f e t y C e r t i f i c a t e , t h e y w e r e 

e m p l o y e d a s f o l l o w s : 

( 1 ) t o c a r r y o u t a n a n n u a l s t r u c t u r a l i n s p e c t i o n o f t h e 

s t a n d s a n d t e r r a c e s , i n c l u d i n g t e s t i n g t h e c r u s h b a r r i e r s , 

a n d t o r e p o r t t h e r e o n t o t h e S e c o n d D e f e n d a n t s ; 

( 2 ) t o a t t e n d t h e b i - a n n u a l o r a n n u a l i n s p e c t i o n s b y t h e 

W o r k i n g P a r t y ; 

( 3 ) t o a c t f o r a n d a d v i s e t h e S e c o n d D e f e n d a n t s i n 

r e l a t i o n t o a n y o t h e r m a t t e r s u p o n w h i c h t h e y w e r e 

i n s t r u c t e d . F u l l d e t a i l s o f s u c h m a t t e r s a r e c o n t a i n e d 

i n t h e F o u r t h D e f e n d a n t s f i l e s , a l i s t o f w h i c h w i l l b e 

d i s c l o s e d o n d i s c o v e r y . 

I t i s a d m i t t e d t h a t t h e F o u r t h D e f e n d a n t s a l s o o w e d a d u t y o f 

c a r e t o w a r d s v i s i t o r s t o t h e s t a d i u m t o e x e r c i s e r e a s o n a b l e 

s k i l l a n d c a r e i n t h e p e r f o r m a n c e o f t h e i r d u t i e s t o t h e S e c o n d 

D e f e n d a n t s , s o a s n o t b y a c a r e l e s s a c t o r o m i s s i o n o n t h e p a r t 

o f t h e F o u r t h D e f e n d a n t s t o c a u s e o r e x p o s e v i s i t o r s t o 

f o r e s e e a b l e i n j u r y . I t i s d e n i e d t h a t t h e F o u r t h D e f e n d a n t s 

o w e d a n y o t h e r o r w i d e r d u t y t o v i s i t o r s a n d , i n p a r t i c u l a r i t 

i s d e n i e d t h a t t h e i r d u t y t o v i s i t o r s w a s w i d e r i n s c o p e t h a n 

t h e i r d u t y t o t h e S e c o n d D e f e n d a n t s . I t i s a l s o d e n i e d t h a t 

t h e F o u r t h D e f e n d a n t s e v e r h a d a n y g e n e r a l r e t a i n e r f r o m t h e 

S e c o n d D e f e n d a n t s t o a c t a s " S a f e t y C o n s u l t a n t s " i n r e l a t i o n t o 

a l l s a f e t y m a t t e r s .

5. Paragraph 7 of the Amended Statement of Claim is admitted. 

6. S a v e t h a t i t i s a d m i t t e d t h a t t h e d e c e a s e d d i e d a s a 

r e s u l t o f c r u s h i n g d u e - t o o v e r c r o w d i n g o f s p e c t a t o r s i n P e n 3 , 

n o a d m i s s i o n s a r e m a d e a s t o p a r a g r a p h 8 o f t h e A m e n d e d 

S t a t e m e n t o f C l a i m . 

7 . T h e F o u r t h D e f e n d a n t s d o n o t p l e a d t o t h e a l l e g a t i o n s m a d e 

a g a i n s t t h e F i r s t , S e c o n d a n d T h i r d D e f e n d a n t s i n p a r a g r a p h s 9 

a n d 1 0 o f t h e A m e n d e d S t a t e m e n t o f C l a i m . 

8 . I t i s d e n i e d t h a t t h e r e w a s , o r t h a t t h e d e c e a s e d ' s d e a t h 

w a s c a u s e d b y , n e g l i g e n c e o n t h e p a r t o f t h e F o u r t h D e f e n d a n t s , 

t h e i r s e r v a n t s o r e x p e r t s , a s a l l e g e d i n p a r a g r a p h 1 0 o f t h e 

A m e n d e d S t a t e m e n t o f C l a i m o r a t a l l . A s t o t h e p a r t i c u l a r s 

o f t h e n e g l i g e n c e a l l e g e d , t h e F o u r t h D e f e n d a n t s s a y a s 

f o l l o w s : 

U i E’e.j-i.g&.-as—t h a , R g f e n f ta n t s , £aj^.fcy...C .gnguJ-t3frt £.

G r o u n d s ( F o o t b a l l ) , 1 9 7 6 E d i t i o n ( " t h e 1 9 7 6 G r e e n G u i d e " ) . 

T h i s r e c o m m e n d e d : - 

" 1 8 . 1. C r o w d m o v e m e n t o n t e r r a c e s s h o u l d b e s e v e r e l y 

l i m i t e d i n o r d e r t o g i v e t h e P o l i c e t h e f u l l e s t 

o p p o r t u n i t y f o r c r o w d c o n t r o l . L e s s p r o b l e m s o c c u r 

w h e r e t h e t e r r a c e s a r e d i v i d e d a s f a r a s p o s s i b l e 

i n t o s e c t i o n s b y t h e u s e o f r a i l i n g s o r b a r r i e r s , 

b o t h r a d i a l a n d l a t e r a l . I d e a l l y , e a c h s e c t i o n 

s h o u l d b e s e r v i c e d b y i t s o w n e n t r a n c e / e x i t s , 

r e f r e s h m e n t f a c i l i t i e s a n d t o i l e t s . " 

A c c o r d i n g l y , s e p a r a t e t u r n s t i l e s w e r e i n n o w a y r e g a r d e d a s a 

p r e - c o n d i t i o n f o r t h e i n t r o d u c t i o n o f r a d i a l f e n c e s . T h e 

g e n e r a l r e c o m m e n d a t i o n o f r a d i a l f e n c e s i n t h e G r e e n G u i d e w a s 

r e i n f o r c e d i n t h e c a s e o f H i l l s b o r o u g h b y t h e P o l i c e , w h o u r g e d 

t h e i r i n t r o d u c t i o n a s a m e a n s o f e n a b l i n g t h e m t o e x e r c i s e 

g r e a t e r c o n t r o l o v e r t h e t e r r a c e . T h e i r i n t r o d u c t i o n w a s 

f i r s t a d v o c a t e d b y t h e P o l i c e f o l l o w i n g t h e e x p e r i e n c e o f 

p o l i c i n g t h e 1 9 8 1 F A C u p s e m i - f i n a l , d u r i n g w h i c h c r u s h i n g 

o c c u r r e d d u e ( i n t h e o p i n i o n o f t h e P o l i c e ) t o t h e i r i n a b i l i t y 

t o e x e r c i s e s u f f i c i e n t c o n t r o l o v e r t h e m o v e m e n t o f s p e c t a t o r s , 

a n d w a s s u p p o r t e d a n d a p p r o v e d b y t h e W o r k i n g P a r t y . T h e 

F o u r t h D e f e n d a n t s w e r e n o t r e s p o n s i b l e f o r t h e o p e r a t i o n a l 

c o n t r o l o f t h e t e r r a c e . B o t h i n 1 9 8 1 ( w h e n t h e f i r s t r a d i a l 

f e n c e s w e r e i n t r o d u c e d ) a n d i n 1 9 8 5 ( w h e n m o r e r a d i a l f e n c e s 

w e r e i n t r o d u c e d ) t h e F o u r t h D e f e n d a n t s r e c o m m e n d e d s c h e m e s 

w h i c h w o u l d h a v e p r o v i d e d s e p a r a t e t u r n s t i l e s s e r v i n g e a c h 

s e c t i o n o f t h e t e r r a c e . I n 1 9 8 1 t h e F o u r t h D e f e n d a n t s ,

t h r o u g h M r . J o h n S t r a n g e , p r e p a r e d f o r a n d p r e s e n t e d t o t h e 

S e c o n d D e f e n d a n t s t h r o u g h i t s t h e n C l u b S e c r e t a r y M r . E r i c 

E n g l a n d , t w o a l t e r n a t i v e s c h e m e s f o r t h e i n s t a l l a t i o n o f r a d i a l 

f e n c e s a n d t h e r e - o r g a n i s a t i o n o f t u r n s t i l e s a t t h e L e p p i n g s 

L a n e e n d , w i t h s e p a r a t e c a p a c i t y f i g u r e s f o r t h e s e p a r a t e 

s e c t i o n s o f t e r r a c e w h i c h w o u l d b e c r e a t e d b y t h e r a d i a l f e n c e s 

a n d s e p a r a t e t u r n s t i l e s f o r e a c h s e c t i o n . I n 1 9 8 5 t h e F o u r t h 

D e f e n d a n t s p r o p o s e d f u r t h e r a l t e r n a t i v e s c h e m e s w h i c h w o u l d 

a l s o h a v e p r o v i d e d s e p a r a t e t u r n s t i l e s f o r e a c h s e c t i o n o f t h e 

t e r r a c e . 

( b ) F a i l e d w h e n t h e i r o w n p l a n s f o r n e w t . u m a _ t l l B . s _ _ J i a d 

b e e n a b a n d o n e d , t Q - t h e . ,- S e .C g r a f t - D g f S O f l a n t S - £ > f - 

n e c e s s i t y t o r e m o v e t h e r a d i a l . f e n c e s . 

T h e F o u r t h D e f e n d a n t s m a d e p l a i n t h e i r p r e f e r e n c e f o r s e p a r a t e 

t u r n s t i l e s i n p r e p a r i n g a n d p r e s e n t i n g t h e i r p l a n s ; b u t t o 

t e r m t h e p r o v i s i o n o f s e p a r a t e t u r n s t i l e s a " n e c e s s i t y " , i f 

t h e r e w e r e t o b e r a d i a l f e n c e s , w o u l d h a v e b e e n a n 

o v e r s t a t e m e n t , a n d w o u l d h a v e g o n e b e y o n d e i t h e r t h e 

r e c o m m e n d a t i o n s o f t h e G r e e n G u i d e o r t h e r e q u i r e m e n t s o f t h e 

l i c e n s i n g a u t h o r i t y t h r o u g h t h e W o r k i n g P a r t y . 

( c ) A c c e p t e d a s s u r a n c e s t h a t , t h e ■■S e c o n d D e f e n d a n t s a n f i 

the 

Police had agreed a .sys-tam gf mgnitgring numfaBCB 

e n t e r i n g t h e p e n s a t t h e L e p p i n g s L a n e e n d , w h e n ,,QD _a 

proper analysis. it, should, have.,. £>een jeJjbat— 

susfr 

s y s t e m c o u l d o p e r a t e e f f i c i e n t l y , p a r t i c u l a r l y i f t h e p e a s 

w e r e n o t f i l l e d o n e b v o n e .

T h i s a m o u n t s t o s a y i n g 

( i ) t h a t t h e L e p p i n g s L a n e e n d w a s i n c a p a b l e o f b e i n g 

s a f e l y a n d e f f i c i e n t l y p o l i c e d , a n d 

( i i ) t h a t t h e F o u r t h D e f e n d a n t s s h o u l d h a v e k n o w n t h i s . 

B o t h p r e m i s e s a r e d e n i e d . P e n s 3 a n d 4 w e r e c r e a t e d i n 1 9 8 5 . 

T h e F o u r t h D e f e n d a n t s k n e w , b e c a u s e t h e y w e r e s o i n s t r u c t e d , 

t h a t t h e p u r p o s e o f r a d i a l f e n c e s w a s t o e n a b l e t h e f i l l i n g o f 

p e n s t o b e c o n t r o l l e d i n d i v i d u a l l y a n d t o e n a b l e i n d i v i d u a l 

p e n s t o b e c l o s e d a s a n d w h e n t h o s e i n c h a r g e j u d g e d i t r i g h t 

t o d o s o . T h e F o u r t h D e f e n d a n t s p r o p o s e d a d i f f e r e n t 

s t r u c t u r a l a p p r o a c h ( s e p a r a t e t u r n s t i l e s ) , w h i c h w o u l d h a v e 

o b v i a t e d t h e n e e d f o r s u c h m o n i t o r i n g . T h e y w e r e r i g h t l y n o t 

a s k e d t o a d v i s e o n h o w t h e c o n t r o l o f t h e f i l l i n g o f t h e p e n s 

w a s t o b e c a r r i e d o u t , w h i c h w a s n o t a s t r u c t u r a l m a t t e r b u t a 

m a t t e r f o r c o n s u l t a t i o n b e t w e e n t h e P o l i c e a n d t h e S e c o n d 

D e f e n d a n t s . S u c h a r r a n g e m e n t s w e r e n o t t h e r e s p o n s i b i l i t y o f 

t h e F o u r t h D e f e n d a n t s , b u t t h e y h a d n o r e a s o n t o s u p p o s e t h a t 

p r o p e r a r r a n g e m e n t s c o u l d n o t b e m a d e o r t h a t t h e a r r a n g e m e n t s 

m a d e b e t w e e n t h e P o l i c e a n d t h e S e c o n d D e f e n d a n t s w o u l d b e 

u n s a t i s f a c t o r y o r ( a s h a p p e n e d o n 1 5 t h A p r i l 1 9 8 9 ) w o u l d n o t b e 

c a r r i e d o u t . 

M l g g g M f l f if l . . - t h . e _ . P e a s f o r m e d b y t h e r a d i a l f e n c e s a s 

one 

.terrace,

T h e F o u r t h D e f e n d a n t s r e g a r d e d t h e p e n s f o r w h a t t h e y w e r e : 

s u b - d i v i s i o n s o f a t e r r a c e w h i c h w e r e n o t s e l f - c o n t a i n e d ( i . e . 

h a v i n g s e p a r a t e e n t r a n c e s , t o i l e t s a n d r e f r e s h m e n t f a c i l i t i e s ) 

b u t w e r e c a p a b l e o f b e i n g c l o s e d i n d i v i d u a l l y . 

± § -L F a i l e d t o a d v i s e a g a i n s t t h e r e m o v a l o f b a r r i e r 1 4 4 

a M _ . f a i l e d t a . w a r n t h e S e c o n d D e f e n d a n t s , t h e O f f i c e r 

W o r k i n g P a r t y a n d / o r t h e T h i r d D e f e n d a n t s o f t h e d a n g e r s 

t h e r e o f . 

O n 1 8 t h J u n e 1 9 8 6 t h e r e w a s a m e e t i n g b e t w e e n M r . R. H . C h e s t e r , 

t h e S e c o n d D e f e n d a n t s t h e n C l u b S e c r e t a r y , a n d r e p r e s e n t a t i v e s 

o f t h e P o l i c e . T h e m a t t e r s d i s c u s s e d i n c l u d e d t h e p o s s i b l e 

r e m o v a l o f c e r t a i n c r u s h b a r r i e r s a t t h e L e p p i n g s L a n e s t a n d i n g 

a r e a i n o r d e r t o a s s i s t t h e f l o w o f s p e c t a t o r s . I t w a s n o t e d 

i n M r . C h e s t e r ' s m i n u t e s o f t h e m e e t i n g t h a t t h e m a t t e r " w o u l d 

h a v e t o b e t a k e n u p w h e n t h e i n s p e c t i o n o f t h e G r o u n d r e l a t i v e 

t o t h e i s s u i n g o f t h e S a f e t y C e r t i f i c a t e t a k e s p l a c e . " . T h e 

F o u r t h D e f e n d a n t s w e r e n o t i n f o r m e d . 

A t t h e W o r k i n g P a r t y a n n u a l i n s p e c t i o n o n 7 t h A u g u s t 1 9 8 6 t h e 

P o l i c e p r o p o s e d t h a t , i n t e r a l i a , t w o s e c t i o n s o f b a r r i e r 1 4 4 

s h o u l d b e r e m o v e d b e f o r e t h e s t a r t o f t h e n e x t s e a s o n . T h e 

F o u r t h D e f e n d a n t s , w h o w e r e r e p r e s e n t e d a t t h e i n s p e c t i o n b y 

M r . S t r a n g e , h a d n o p r i o r k n o w l e d g e t h a t t h e m a t t e r w a s t o b e 

r a i s e d . T h e W o r k i n g P a r t y d i d n o t r e q u e s t t h e p r e s e n c e o r 

a d v i c e o f D r . E a s t w o o d . T h e r e a s o n s a d v a n c e d b y t h e P o l i c e 

f o r t h e r e m o v a l o f b a r r i e r 1 4 4 w e r e t h a t i n t h e i r e x p e r i e n c e i t 

h a d p r o v e d t o b e a v a n t a g e p o i n t c l o s e t o t h e m o u t h o f t h e

t u n n e l f o r g r o u p s o f s p e c t a t o r s , w h o r e f u s e d t o m o v e d e s p i t e 

r e q u e s t s b y t h e P o l i c e t o d o s o , t h e r e b y c a u s i n g c o n g e s t i o n a n d 

b a c k f i l l i n g o f t h e t u n n e l w i t h c o n s e q u e n t r i s k t o s a f e t y a n d 

r i s k o f f r i c t i o n a n d d i s o r d e r . T h e y w e r e a l s o c o n c e r n e d a b o u t 

t h e r i s k t o s a f e t y i f t h e s p e c t a t o r s o n t h e t e r r a c e h a d t o b e 

e v a c u a t e d t h r o u g h t h e t u n n e l i n a n e m e r g e n c y . 

T h e P o l i c e w a n t e d t h e b a r r i e r t o b e r e m o v e d b e f o r e t h e f i r s t 

h o m e m a t c h o f t h e s e a s o n a g a i n s t E v e r t o n o n 2 5 t h A u g u s t 1 9 8 6 , 

w h e n a p a r t i c u l a r l y l a r g e c r o w d w a s e x p e c t e d b e c a u s e o f t h e 

o p e n i n g o f t h e n e w S p i o n K o p d e v e l o p m e n t . 

I n s p e c t o r C a l v e r t p u t f o r w a r d t h e P o l i c e p r o p o s a l a n d t h e i r 

r e a s o n s f o r i t t o t h e o t h e r m e m b e r s o f t h e W o r k i n g P a r t y a s 

t h e y w e r e s t a n d i n g a t t h e e n d o f t h e t u n n e l a n d d i r e c t l y i n 

f r o n t o f b a r r i e r 1 4 4 . 

M r . S t r a n g e s a i d t h a t i f b a r r i e r 1 4 4 w e r e r e m o v e d , t h e c a p a c i t y 

o f t h e t e r r a c e w o u l d t h e o r e t i c a l l y b e a f f e c t e d , b e c a u s e o f t h e 

r e d u c e d n u m b e r o f b a r r i e r s . I n s p e c t o r C a l v e r t s t a t e d t h a t i n 

h i s o p i n i o n , f r o m a n o p e r a t i o n a l v i e w p o i n t , t h e r e m o v a l o f t h e 

b a r r i e r w o u l d m a k e t h e p e n s a f e r a n d t h e c o n t r o l o f s p e c t a t o r s 

e a s i e r . M r . S t r a n g e r a i s e d t h e p o s s i b i l i t y o f e x t e n d i n g t h e 

b a r r i e r i m m e d i a t e l y i n f r o n t o f b a r r i e r 1 4 4 t o t h e r a d i a l 

f e n c e , b u t I n s p e c t o r C a l v e r t w a s o p p o s e d t o t h i s i d e a . A f t e r 

d i s c u s s i o n t h e W o r k i n g P a r t y a p p r o v e d t h e p r o p o s a l o f t h e 

P o l i c e t h a t t h e s e c t i o n s o f b a r r i e r s h o u l d b e r e m o v e d a n d t h e 

T h i r d D e f e n d a n t s ( b y t h e i r C h i e f L i c e n s i n g O f f i c e r M r . B o w n e s )

10 

a f f i r m e d t h e d e c i s i o n t h a t t h e t w o s e c t i o n s o f b a r r i e r 1 4 4 

s h o u l d b e r e m o v e d . 

D u r i n g t h e w h o l e i n s p e c t i o n 9 i t e m s w e r e i d e n t i f i e d w h e r e t h e 

W o r k i n g P a r t y r e q u i r e d w o r k t o b e c a r r i e d o u t b y t h e S e c o n d 

D e f e n d a n t s . M r . S t r a n g e r e p o r t e d t o t h e S e c o n d D e f e n d a n t s 

a c c o r d i n g l y . O f t h e 9 i t e m s , h e w a s i n s t r u c t e d t h a t t h e 

S e c o n d D e f e n d a n t s w o u l d t h e m s e l v e s a t t e n d t o t w o i t e m s ( n o s . 3 

a n d 4 o n t h e l i s t o f i t e m s m a d e b y M r . S t r a n g e ) a n d h e w a s 

1 i n s t r u c t e d t o d e a l w i t h t h e r e m a i n d e r ( i n c l u d i n g b a r r i e r 1 4 4 ) . 

M r . S t r a n g e a l s o r e p o r t e d o n t h e i n s p e c t i o n t o D r . E a s t w o o d . 

I t i s d e n i e d t h a t t h e F o u r t h D e f e n d a n t s w e r e u n d e r a n y d u t y t o 

t r y t o o b t a i n a r e v e r s a l o f t h e d e c i s i o n m a d e i n r e l a t i o n t o 

b a r r i e r 1 4 4 . 

I n a n y e v e n t , D r . E a s t w o o d d i d n o t c o n s i d e r t h e d e c i s i o n o f t h e 

W o r k i n g P a r t y t o b e u n r e a s o n a b l e . T o h a v e l e f t t h e t w o 

f s e c t i o n s o f t h e b a r r i e r i n f a c e o f t h e e x p e r i e n c e o f , a n d r i s k s 

t o s a f e t y i d e n t i f i e d b y , t h e P o l i c e w o u l d h a v e b e e n 

i r r e s p o n s i b l e . T h e r i s k w h i c h o c c u r r e d o n 1 5 t h A p r i l 1 9 8 9 , 

w h e n t h e P o l i c e o p e n e d G a t e C t o a l l o w t h e u n c o n t r o l l e d e n t r y 

o f s o m e 2 0 0 0 s p e c t a t o r s i n t o p e n s 3 a n d 4 a t a t i m e w h e n t h e y 

w e r e a l r e a d y m a n i f e s t l y f u l l , w a s n o t a r i s k w h i c h t h e F o u r t h 

D e f e n d a n t s e i t h e r f o r e s a w o r o u g h t t o h a v e f o r e s e e n a t t h e t i m e 

o f t h e r e m o v a l o f b a r r i e r 1 4 4 . I t i s a l s o e x p r e s s l y d e n i e d 

t h a t t h e r e m o v a l o f b a r r i e r 1 4 4 c a u s e d t h e i n j u r y o r d e a t h o f 

t h e d e c e a s e d .

11 

ILL F a i l e d t o a d v i s e t h e S e c o n d D e f e n d a n t s a g a i n s t t h e 

P i a f f i n g a n d / O S — C f l a t i J W i n g t o h a v e i n p l a c e i n t h e 

p e r i m e t e r f e n c e g a t . e s w h i c h w e r e t o o s m a l l t o b e e x i t 

g a t e s i n b r e a c h o f t h e G r e e n G u i d e a n d / o r f a i l e d p r o p e r l y 

t o a d v i s e t h e S e c o n d D e f e n d a n t s a s t o t h e f a i l i n g s o f t h e 

gates.* 

T h e g a t e t o p e n 3 w a s i n s t a l l e d i n 1 9 8 5 . I t w a s . 8 5 m e t r e i n 

w i d t h . A t t h a t t i m e t h e G r e e n G u i d e ( 1 9 7 6 E d i t i o n ) d i d n o t 

r e c o m m e n d a m in im u m w i d t h f o r p e r i m e t e r g a t e s . T h e r e l e v a n t 

p r o v i s i o n s w e r e a s f o l l o w s : 

"7.9 P i t c h p e r i m e t e r f e n c e / w a l l . 

7. 9. 1 T h i s f e n c e s h o u l d b e d e s i g n e d t o k e e p 

s p e c t a t o r s o f f t h e p i t c h b u t g a t e s o r o t h e r a c c e s s 

p o i n t s s h o u l d b e p r o v i d e d f o r u s e i n a n e m e r g e n c y 

a n d , a t t h o s e g r o u n d s w h e r e a p e r i m e t e r t r a c k i s u s e d 

a s p a r t o f t h e e x i t s y s t e m , f o r t h e d e p a r t u r e o f 

s p e c t a t o r s a t t h e e n d o f p l a y . 

7 . 9 . 2 A c c e s s p o i n t s s h o u l d b e c o n t r o l l e d , s o t h a t 

i m m e d i a t e a c c e s s t o t h e p i t c h o r p e r i m e t e r t r a c k c a n 

b e e n s u r e d i n t h e e v e n t o f a n e m e r g e n c y . 

1 8 . 3 A c c e s s t o p l a y i n g p i t c h e s m u s t b e m a d e a s 

d i f f i c u l t a s p o s s i b l e i n n o r m a l c i r c u m s t a n c e s w h i l e , 

a t t h e s a m e t i m e , p r o v i d i n g t h e P o l i c e w i t h p r o p e r 

a c c e s s t o t h e t e r r a c e s f o r p u r p o s e s o f c r o w d c o n t r o l

12 

a n d e n a b l i n g t h e p i t c h t o b e u s e d i n t h e e v e n t o f 

s e r i o u s e m e r g e n c y . " 

G a t e 3 w a s n o t p a r t o f t h e e x i t s y s t e m f o r t h e d e p a r t u r e o f 

s p e c t a t o r s a t t h e e n d o f p l a y a n d , w i t h o u t i t , p e n 3 s a t i s f i e d 

t h e e v a c u a t i o n t i m e r e q u i r e d b y t h e G r e e n G u i d e . T h e w i d t h o f 

p e r i m e t e r g a t e s h a d b e e n c o n s i d e r e d b y t h e W o r k i n g P a r t y , 

i n c l u d i n g t h e P o l i c e a n d F i r e S e r v i c e , o n v a r i o u s o c c a s i o n s 

p r i o r t o 1 9 8 5 . 

T h e G r e e n G u i d e ( 1 9 8 6 E d i t i o n ) i n t r o d u c e d ( i n p a r a g r a p h 2 1 5 ) a 

r e c o m m e n d a t i o n t h a t t h e p e r i m e t e r g a t e s s h o u l d h a v e a m i n im u m 

w i d t h o f 1. 1 m e t r e s . T h e n e w r e c o m m e n d a t i o n s w e r e c o n s i d e r e d 

b y t h e W o r k i n g P a r t y , w h o r e a s o n a b l y c o n c l u d e d t h a t t h e 

e x i s t i n g p e r i m e t e r g a t e s h a d i n p r a c t i c e p r o v e d s a t i s f a c t o r y 

f o r t h e i r p u r p o s e a n d d i d n o t r e q u i r e t o b e w i d e n e d . 

F u r t h e r , i t i s d e n i e d t h a t w i d e n i n g g a t e 3 f r o m . 8 5 m e t r e t o 

1. 1 m e t r e s w o u l d h a v e a v e r t e d t h e d e a t h o f t h e d e c e a s e d . T h e 

p e r i m e t e r g a t e s w e r e n e i t h e r d e s i g n e d n o r i n t e n d e d f o r t h e 

e v a c u a t i o n o f l a r g e n u m b e r s i n a s h o r t t i m e , a n d a g a t e o f 1 . 1 

m e t r e w i d t h w o u l d n o m o r e h a v e s e r v e d t h a t p u r p o s e t h a n a g a t e 

o f . 8 5 m e t r e w i d t h . 

l a l F a i l e d p r o p e r l y t o t e s t t h e c r u s h b a r r i e r s i n p e n _ 1 

t o. ensure ,./tlto_w£xe_,.Qf.-aflsaaate , s.trepg,th ■flnfl/or f a ile d £ o . 

frflyis.? . th e S.es.onfl Be landaus of £&§ KeaXne.s.ses in __ 

kftXEi-er-.-.ghi-gh. collaps.ed.-

13 

T h e b a r r i e r s i n p e n 3 w e r e p r o p e r l y t e s t e d b y t h e F o u r t h 

D e f e n d a n t s i n J u l y 1 9 8 8 i n a c c o r d a n c e w i t h A n n e x C t o t h e G r e e n 

G u i d e , 1 9 8 6 E d i t i o n . T h e s e c t i o n s o f b a r r i e r 1 2 4 A w h i c h 

c o l l a p s e d o n 1 5 t h A p r i l 1 9 8 9 p a s s e d t h e t e s t . F u r t h e r , o r i n 

t h e a l t e r n a t i v e , i f i t b e a l l e g e d t h a t t h e F o u r t h D e f e n d a n t s 

i n t e r p r e t a t i o n o f A n n e x C w a s i n c o r r e c t , t h e F o u r t h D e f e n d a n t s 

s a y 

t h a t 

( a ) t h e i r i n t e r p r e t a t i o n w a s r e a s o n a b l e a n d c o i n c i d e d 

w i t h t h a t o f ( i n t e r a l i o s ) t h e s t r u c t u r a l e n g i n e e r o f t h e 

T h i r d D e f e n d a n t s , t o w h o m t h e t e s t r e s u l t s w e r e s e n t ; 

( b ) i f i t b e c o n t e n d e d t h a t t h e s e c t i o n w h i c h h a d a 59% 

r e c o v e r y a t t h e f i r s t a p p l i c a t i o n o f l o a d , 74% r e c o v e r y o n 

s e c o n d a p p l i c a t i o n a n d 100% o n t h i r d a p p l i c a t i o n , s h o u l d 

t h e r e u p o n h a v e b e e n r e - t e s t e d , o n a r e - t e s t i t w o u l d h a v e 

s h o w n 100% r e c o v e r y o n e a c h a p p l i c a t i o n . 

B a r r i e r 1 2 4 A w a s c a p a b l e o f w i t h s t a n d i n g , a n d d i d w i t h s t a n d , 

t h e l o a d f o r w h i c h i t w a s d e s i g n e d . T h e c a u s e o f t h e c o l l a p s e 

o f t w o s e c t i o n s o n 1 5 t h A p r i l 1 9 8 9 w a s t h a t i t w a s s u b j e c t e d t o 

s u b s t a n t i a l l y g r e a t e r l o a d . 

I k ! F a i l e d t o a d v i s e t h e gftgpnfl BafaMaflfcfi th a t £Jl£ 

e x i s t i n g t u r n s t i l e f a c i l i t i e s a t .th fi - .L f iB P if lg B L a n e 

w e r e i n a d e q u a t e t o a c c o m m o d a t e a c r o w d o f 2 4 . 0 0 0 a n d t h a t 

f o r s u c h f a c i l i t i e s t o b e a d e q u a t e t h e y s h o u l d i n c l u d e _ £ h a 

m a t t e r s , s e t o u t i n s u b - p a r a g r a p h l & l frfto v s o f — tha.

P a C t i C V l f r g g Ql N e g l i g e n c e a n d B r e a c h o f S t a t u t o r y D u t y 

a g a i n s t t h e S e c o n d D e f e n d a n t s . 

I t w a s n e v e r p a r t o f t h e F o u r t h D e f e n d a n t s r e t a i n e r t o a d v i s e 

t h e S e c o n d D e f e n d a n t s i n r e l a t i o n t o t h e n u m b e r o f p e r s o n s w h o 

c o u l d b e a d m i t t e d t h r o u g h t h e i r t u r n s t i l e s i n a n y p a r t i c u l a r 

t i m e o r w h a t n u m b e r o f t u r n s t i l e s t h e y o u g h t t o p r o v i d e ( o r u s e 

f o r a n y p a r t i c u l a r m a t c h ) . 

F u r t h e r a n d m o r e s p e c i f i c a l l y , t h e a l l e g a t i o n i n t h i s s u b - 

p a r a g r a p h p r e s u m e s t h a t t h e F o u r t h D e f e n d a n t s k n e w , o r o u g h t t o 

h a v e k n o w n , t h a t 2 4 , 0 0 0 s p e c t a t o r s w e r e t o b e a d m i t t e d t o t h e 

g r o u n d t h r o u g h t h e t u r n s t i l e s a t t h e L e p p i n g s L a n e e n d . T h i s 

w a s n o t s o . 

T h e n e c e s s i t y t o a d m i t 2 4 , 0 0 0 s p e c t a t o r s t h r o u g h t h e L e p p i n g s 

L a n e e n d t u r n s t i l e s a r o s e f r o m t h e d e c i s i o n ( a b o u t w h i c h t h e 

F o u r t h D e f e n d a n t s w e r e n o t c o n s u l t e d , s i n c e i t w a s n o n e o f 

t h e i r b u s i n e s s ) t o c l o s e t h e t u r n s t i l e s i n P e n i s t o n e R o a d w h i c h 

n o r m a l l y s e r v e d t h e N o r t h S t a n d , s o d i v e r t i n g 6 , 0 0 0 s p e c t a t o r s 

f r o m t h e t u r n s t i l e s i n P e n i s t o n e R o a d t o t h e L e p p i n g s L a n e e n d . 

I f t h o s e 6 , 0 0 0 s p e c t a t o r s h a d n o t h a d t o u s e t h e L e p p i n g s L a n e 

e n d , t h e r e w o u l d h a v e b e e n n o d i f f i c u l t y a t t h e L e p p i n g s L a n e 

t u r n s t i l e s . ( A t a b o u t 2 . 4 5 p .m . t h e c r o w d o u t s i d e t h e 

L e p p i n g s L a n e t u r n s t i l e s n u m b e r e d a b o u t 5 , 0 0 0 ) . 

T h e G r e e n G u i d e , 1 9 8 6 E d i t i o n , s t a t e s ( p a r a g r a p h 4 7 ) t h a t t h e 

m a x im u m n o t i o n a l r a t e a t w h i c h s p e c t a t o r s c a n p a s s t h r o u g h 

t u r n s t i l e s w i l l d e p e n d o n a v a r i e t y o f f a c t o r s ( d e s i g n a n d a g e

o f e q u i p m e n t , t i c k e t i n g a r r a n g e m e n t s , e t c . ) b u t i n g e n e r a l i s 

u n l i k e l y t o e x c e e d 7 5 0 p e r s o n s p e r h o u r . 

W i t h o u t t h e a d d i t i o n a l 6 , 0 0 0 s p e c t a t o r s , t h e r e w o u l d h a v e b e e n 

2 3 t u r n s t i l e s a t t h e L e p p i n g s L a n e e n d t o s e r v e 1 8 , 0 0 0 

s p e c t a t o r s . A t a r a t e o f e n t r y o f 7 5 0 p e r h o u r , t h e a d m i s s i o n 

t i m e w o u l d h a v e b e e n 6 2 . 6 m i n u t e s . A t a r a t e o f e n t r y o f 

1 , 0 0 0 p e r h o u r ( b e c a u s e i t w a s a n a l l t i c k e t m a t c h ) , t h e 

a d m i s s i o n t i m e w o u l d h a v e b e e n 4 7 m i n u t e s . B y c o m p a r i s o n t h e 

c u r r e n t r e c o m m e n d a t i o n m a d e b y L o r d J u s t i c e T a y l o r f o l l o w i n g 

t h e H i l l s b o r o u g h I n q u i r y i s t h a t t h e t u r n s t i l e s s e r v i n g e a c h 

v i e w i n g a r e a s h o u l d b e c a p a b l e o f a d m i t t i n g t h e i n t e n d e d n u m b e r 

o f s p e c t a t o r s w i t h i n o n e h o u r . 

( i ) F a i l e d t o a d v i s e t h e S e c o n d D e f e n d a n t s o f t f t s i s 

f a i l u r e w i t h i n t h e g r o u n d t o s i g n c l e a r l y t h e e x i s t e n c e o f 

a n d t h e w a v t o p e n s , o n e / t w o a n d s i x / s e v e n . 

S a v e o n o c c a s i o n s w h e n t h e y r e c e i v e d s p e c i f i c i n s t r u c t i o n s ( i n 

p a r t i c u l a r , t o p r o v i d e c e r t a i n f i r e e x i t e m e r g e n c y s i g n s a t 

l o c a t i o n s r e q u e s t e d b y t h e F i r e S e r v i c e , t o p r o v i d e 

a d v e r t i s e m e n t b o a r d s f o r t h e r e s t a u r a n t a n d t o p r o v i d e 

d i r e c t i o n s i g n s t o t h e s p o r t s h a l l ) i t i s d e n i e d t h a t t h e 

F o u r t h D e f e n d a n t s h a d a n y i n v o l v e m e n t o r r e s p o n s i b i l i t y i n 

r e l a t i o n t o s i g n i n g e i t h e r i n s i d e o r o u t s i d e t h e g r o u n d . T h i s 

w o u l d i n a n y e v e n t b e l i n k e d w i t h o t h e r m a t t e r s , s u c h a s t h e 

t u r n s t i l e a n d t i c k e t i n g a r r a n g e m e n t s a n d w i t h w h i c h p a r t s o f 

t h e g r o u n d w e r e t o b e u s e d f o r a n y p a r t i c u l a r m a t c h , w h i c h w e r e

l i k e w i s e m a t t e r s o u t s i d e t h e s c o p e o f t h e F o u r t h D e f e n d a n t s 

r e t a i n e r . 

Li) 

Failed. CD.. to .recognise the need to provide a 

sufficient means of escape of the crowd from the pens in 

ths._eYs.nt of emergency 

■till ICO, advise. the First. .Second and Third Defendants and 

the Football .AssflSiafcAaa -Oi— tbs Jiesd to provide such means 

q£. figsaRSu 

(.iii) 

To heed that the gates .pcaYidsd -were not-such, a 

sufficient means of escape. 

H x ± To design a..sufficient, means-of escape as above, 

T h e F o u r t h D e f e n d a n t s r e p e a t t h e m a t t e r s p l e a d e d i n a n s w e r t o 

a l l e g a t i o n ( f ) . T h e p e n s s a t i s f i e d t h e e v a c u a t i o n t i m e s 

r e q u i r e d b y t h e G r e e n G u i d e . T h e o n l y p r a c t i c a b l e w a y o f 

e n a b l i n g e v a c u a t i o n o f t h e t e r r a c e s i n a s i g n i f i c a n t l y s h o r t e r 

t i m e w o u l d h a v e b e e n t o r e m o v e t h e p e r i m e t e r f e n c e , s o a s t o 

e n a b l e m a s s e x o d u s o n t o t h e p i t c h , w h i c h i t w a s t h e p u r p o s e o f 

t h e p e r i m e t e r f e n c e t o p r e v e n t . T h e r e c o m m e n d a t i o n s o f t h e 

G r e e n G u i d e i n r e l a t i o n t o p e r i m e t e r f e n c e s i n v o l v e d a b a l a n c e 

b e t w e e n ( 1 ) t h e n e e d i n n o r m a l c i r c u m s t a n c e s t o k e e p s p e c t a t o r s 

i n , a n d ( 2 ) t h e n e e d f o r a c c e s s o r e g r e s s i n c a s e o f e m e r g e n c y . 

I t w a s n e v e r t h e i n t e n t i o n o f t h e G r e e n G u i d e t h a t — p e r i m e t e r — 

g a t e s s h o u l d b e u s e d f o r a m a s s e x o d u s o n t o t h e p i t c h , f o r

17 

y h i c h p u r p o s e t h e g a t e s r e c o m m e n d e d w o u l d h a v e b e e n 

i n s u f f i c i e n t . 

UsI 

-tbs— ttSS _Qf.SEO¥fl enclosure which was in 

f a c t a . t r a p 

T h e h i s t o r y o f , a n d r e a s o n s f o r , t h e i n t r o d u c t i o n o f t h e p e n s 

a r e s e t o u t i n s u b - p a r a g r a p h s ( a ) a n d ( c ) a b o v e . T h e f u n c t i o n 

o f s u c h c r o w d e n c l o s u r e s w a s t o l i m i t c r o w d m o v e m e n t , a s 

r e c o m m e n d e d b y P a r a g r a p h 1 8 . 1 o f t h e 1 9 7 6 G r e e n G u i d e a n d 

P a r a g r a p h 2 0 6 o f t h e 1 9 8 6 G r e e n G u i d e . I t i s d e n i e d t h a t t h e 

p e n s w e r e i n t r i n s i c a l l y d a n g e r o u s o r c o n s t i t u t e d a t r a p . 

D a n g e r a r o s e o n l y b e c a u s e t h o s e r e s p o n s i b l e f o r f i l l i n g t h e m 

c a u s e d o r p e r m i t t e d t h e m t o b e c o m e d a n g e r o u s l y o v e r - c r o w d e d . 

U - I 

F a i l e d , t o - g iy g ...- a & g g y .a t e ..c Q ftB ^ fls r.a ti.o .n a n d r e s p o n s e t o 

t h e , . S e c o n d D e f e n d a n t s ! . . .s n q u A r i s s . c o n c e r n i n g t h e g e r t l f A s f l 

c a p a c i t y o f t h e t e r r a c e i n F e b r u a r y . M a r c h a n d A p r i l 1 931, 

T h i s a l l e g a t i o n a n d i t s r e l e v a n c e a r e d e n i e d . _________T h e 

c e r t i f i c a t i o n o f c a p a c i t y w a s t h e r e s p o n s i b i l i t y o f t h e l o c a l 

a u t h o r i t y . T h e F o u r t h D e f e n d a n t s h a d p o i n t e d o u t t o t h e m t h a t . 

t h e r e m o v a l o f b a r r i e r s s h o u l d i n t h e o r y l e a d t o a r e d u c t i o n o f 

c e r t i f i e d c a p a c i t y a s c a l c u l a t e d b y t h e G r e e n G u i d e ; i t w a s a 

m a t t e r f o r t h e i r d e c i s i o n w h a t , i f a n y , r e d u c t i o n t o m a k e . T h e 

d e c i s i o n n o t t o d o s o w a s n o t u n r e a s o n a b l e . I n a n y e v e n t , t n e 

m a t t e r i s i r r e l e v a n t t o w h a t h a p p e n e d o n t h e 1 5 t h A p r i l 1 9 8 9 

b e c a u s e : -

( i ) t h e o p e n i n g o f G a t e C m e a n t 

w a y o f l i m i t i n g t h e n u m b e r o n t h e t e r r a c e t o t h e 

c e r t i f i e d f i g u r e , w h a t e v e r t h a t f i g u r e m i g h t h a v e 

b e e n ; 

( i i ) t h e H e a l t h a n d S a f e t y E x e c u t i v e / s b e s t e s t i m a t e 

o f t h e t o t a l n u m b e r w h o e n t e r e d t h r o u g h t u r n s t i l e s A 

t o G a n d G a t e C w a s 9 7 3 4 . T h e F o u r t h D e f e n d a n t s d o 

n o t u n d e r s t a n d i t t o b e a l l e g e d ( a n d , i f i t b e 

v a l l e g e d , t h e a l l e g a t i o n i s d e n i e d ) t h a t t h e n u m b e r o f 

s p e c t a t o r s a d m i t t e d t o t h e t e r r a c e w a s e x c e s s i v e . A t 

t h e t i m e w h e n G a t e C w a s o p e n e d , t h e r e w a s a m p l e r o o m 

r e m a i n i n g i n p e n s 1, 2 , 6 a n d 7 f o r t h e s p e c t a t o r s 

w a i t i n g t o b e a d m i t t e d . 

9. S a v e t h a t i t i s a d m i t t e d t h a t t h e d e c e a s e d ' s d e a t h w a s 

c a u s e d b y c r u s h i n g i n j u r i e s , n o a d m i s s i o n s a r e m a d e a s t o 

p a r a g r a p h 11 o f t h e A m e n d e d S t a t e m e n t o f C l a i m . F u r t h e r , t h e 

a l l e g e d c a u s a t i o n t h e r e o f b y n e g l i g e n c e o n t h e p a r t o f t h e 

F o u r t h D e f e n d a n t s , t h e i r s e r v a n t s o r a g e n t s , i s d e n i e d . 

1 0 . T h e d e a t h o f t h e d e c e a s e d w a s c a u s e d b y t h e u n c o n t r o l l e d 

i n f l u x o f a l a r g e n u m b e r o f s p e c t a t o r s i n t o p e n 3 a t a t i m e 

w h e n i t w a s a l r e a d y o b v i o u s l y f u l l . T h i s i n f l u x w a s c a u s e d b y 

t h e a c t o f o p e n i n g g a t e C i n o r d e r t o a d m i t t h e l a r g e n u m b e r o f 

s p e c t a t o r s w h o w e r e p r e s s i n g o u t s i d e i t , w i t h o u t c l o s i n g t h e 

g a t e s a t e i t h e r e n d o f t h e t u n n e l w h i c h l e d t o p e n 3 o r p o s t i n g 

P o l i c e O f f i c e r s a n d / o r s t e w a r d s t o d i r e c t s p e c t a t o r s a w a y f r o m 

t h e t u n n e l . S u c h a c t w a s n o t o n l y w h o l l y u n f o r e s e e a b l e a t a n y

I 

19 

t i m e b y t h e F o u r t h D e f e n d a n t s , b u t w a s w h o l l y c o n t r a r y t o t h e 

b a s i s o f t h e F o u r t h D e f e n d a n t s i n s t r u c t i o n s a t t h e t i m e w h e n 

p e n 3 w a s c r e a t e d a n d a t a l l m a t e r i a l t i m e s t h e r e a f t e r . I f 

w h i c h i s e x p r e s s l y d e n i e d , t h e r e w a s a n y n e g l i g e n c e o n t h e p a r t 

o f t h e F o u r t h D e f e n d a n t s , t h e i r s e r v a n t s o r a g e n t s , i n a n y 

r e s p e c t a s a l l e g e d , t h e o p e n i n g o f g a t e C a n d u n c o n t r o l l e d 

a d m i s s i o n o f a l a r g e i n f l u x o f s u p p o r t e r s i n t o p e n 3 w h e n i t 

w a s a l r e a d y o b v i o u s l y f u l l w a s a n o v u s a c t u s i n t e r v e n i e n s . 

1 1 . S a v e a s i s h e r e i n b e f o r e e x p r e s s l y a d m i t t e d , e a c h a n d e v e r y 

m a t t e r a l l e g e d i n t h e A m e n d e d S t a t e m e n t o f C l a i m i s d e n i e d . 

R O G E R T O U L S O N Q. C. 

J U S T I N F E N W IC K 

RO G ER T O U L S O N Q. C. 


S e r v e d t h e 2 2 n d d a y o f S e p t e m b e r 1 9 8 9 b y M e s s r s . R e y n o l d s 

/■* P o r t e r C h a m b e r l a i n o f C h i c h e s t e r H o u s e , 2 7 8 - 2 8 2 H i g h H o l b o r n , 

L o n d o n W C 1V 7 HA S o l i c i t o r s f o r t h e F o u r t h D e f e n d a n t s . 

R e - s e r v e d t h i s d a y o f N o v e m b e r 1 9 8 9 b v M e s s r s . P a y n n i r i g 

P o r t e r C h a m b e r l a i n o f C h i c h e s t e r H o u s e , 2 7 8 - 2 8 2 H i g h H o l b o r n , 

L o n d o n W C 1 V 7 HA S o l i c i t o r s f o r t h e F o u r t h D e f e n d a n t s .

198 9 C No. 89 5 925 

I N T H E H IG H C O U R T O F J U S T I C E 

QUEEN* S B E N C H D I V I S I O N 

L IV E R P O O L D I S T R I C T 

R E G IS T R Y 


W id o w a n d A d m i n i s t r a t r i x o f 

t h e E s t a t e o f 

R a y m o n d T h o m a s C h a p m a n D e c e a s e d 

- V - 

T H E C H I E F C O N S T A B L E O F 

S O U T H Y O R K S H IR E P O L I C E 

a n d 

S H E F F I E L D W E D N E S D A Y F . C . 

a n d 

S H E F F I E L D C I T Y C O U N C IL 

a n d 

EASTW O O D & 

P A R T N E R S 

( C O N S U L T IN G E N G IN E E R S ) ( A F i r m ) 

A M E N D E D 

D E F E N C E 

O F T H E F O U R T H D E F E N D A N T S 

R E Y N O L D S P O R T E R C H A M B E R L A IN 

C h i c h e s t e r H o u s e , 

2 7 8 /2 8 2 H i g h H o l b o r n , 

L o n d o n , W C 1 V 7 HA. 

P D N /P H E A S . 1 - 2 

F o u r t h D e f e n d a n t s S o l i c i t o r s

IN THE HIGH COURT OF JUSTICE - 1989 C. No. 895925 

QUEENS BENCH DIVISION 


BETWEEN :- 

JOAN CHAPMAN 

(Widow and Administratrix of the Estate of Raymond Thomas Chapman deceased) 

Plaintiff 

and 



and 



and 



and 


(Consulting Engineers) (a firm) 


REQUEST BY THIRD DEFENDANTS FOR FURTHER AND BETTER 

PARTICULARS OF THE STATEMENT OF CLAIM 

Under Paragraph 10 

Of the Particulars of Negligence of the Third Defendants their Servants or Agents: 

Of Paragraph 10 (a) (i) 

Please state precisely what type of gates it is alleged should 

have been provided for in the perimeter fences stating the 

dimensions of the said gates which it is alleged should have 

been provided for in the Safety Certificate; the number of such 

gates and, by reference to a^sketch or plan, please show where 

it is alleged those gates should have been situated along the

n .^ 

perimeter fences. 

Under Paragraph 10 (a) (ii) 

(a) 

Please state precisely what conditions it is alleged should have 

been inserted by the Third Defendants into the Safety 

Certificate so as to provide; 

(i) 

(ii) 

for adequate stewarding; and 

for adequate signing. 

(b) 

Please describe precisely what is alleged to be "adequate" 

stewarding for these purposes, indicating in detail the case 

which these Defendants will have to answer with regard to; 

(i) 

the numbers of stewards which should have been provided 

for in the Safety Certificate; 

(ii) 

the positioning and deployment of stewards for which 

provision should have been made in the Safety Certificate; 

(iii) 

the precise responsibilities of stewards for which 

provision should have been made in the Safety Certificate; 

and 

(iv) 

any other matter or matters concerning the stewarding of 

this match for which it is alleged specific provision 

should have been made in the Safety Certificate. 

c) Please describe precisely what is alleged to be "adequate" 

signing for these purposes indicating in detail the case which 

the Third Defendants will have to answer with regard to any 

alleged deficiency in the Safety Certificate in relation; 

-2-

(i) 

to the numbers of signs for which provision should have 

been made in the Safety Certificate stating exactly how 

the certificate is said to be deficient in this respect; 

(ii) 

to where it is alleged each sign should have been posted 

stating exactly how the Certificate is said to be deficient 

in this respect; 

(iii) 

to the information upon each sign which it is alleged 

the Safety Certificate should-have stipulated stating 

exactly how the said Certificate is alleged to be deficient 

in this respect; 

(iv) 

to any other matter concerning the signing for this 

football match in respect of which it is alleged provision 

should have been made in the Safety Certificate stating 

exactly how it is alleged the said Certificate was deficient. 

Under Paragraph 

10 (a) (iii) 

Please state precisely what provision it is alleged should have 

been made in the Safety Certificate for separate entrances for 

each separate section of the ground indicating precisely what 

kind of information or stipulation it is said should have been 

included in the Certificate for this purpose.. 

Under Paragraph 

10 (c) . . . 

(a) 

Please state what works carried out since the original grant of 

the Certificate were such as would have necessitated the amendment 

of the said Certificate indicating precisely what amendments it

is alleged should have been made and when it is alleged each 

such amendment should have been made. 

(b) 

Please indicate each and every respect in which it is alleged 

the conditions of the said Safety Certificate were inadequate 

stating what it is alleged would have been adequate provision in 

each case. 

Under Paragraph 10 (d) 

Please state whether it. 

is alleged that the Third Defendants 

never convened meetings of the Officer Working Party. 

If it is the Plaintiff's case that meetings of the said Working 

Party were convened but that they were not convened with 

sufficient regularity, please state with what regularity such 

meetings should have been convened so as to explain 

in detail 

the Plaintiff's case in this repsect. 

Under Paragraph 10 (f) 

(a) 

Of the allegation that the Third Defendants permitted theremoval 

of barrier 144 without considered advice from the 

Officer Working Party please state; 

(i) whether it is the Plaintiff's case that the said barrier 

was removed without any advice from the Officer Working 

Party; 

(ii) 

if the answer to (ifâlDove is "No" then please state in 

-4 -

elation to the removal of the said barrier 144 what 

"advice" was given and by whom it was given and each and 

every respect in which it is alleged that the said advice 

was not "considered advice" giving full details of the 

Plaintiff's case in this respect. 

(b) 

Of the allegation that the Third Defendants permitted the removal 

of the said barrier without having analysed and considered the 

views of the First and Fourth Defendants please state; 

(i) 

precisely what "views" were expressed by the First 

Defendant which were not analysed and considered by the 

Third Defendants; 

(ii) 

by whom on behalf of the First Defendants were those views 

expressed; C\ 

(iii) 

all facts and matters relied upon to support the 

contention that those said views were not "analysed and 

considered" by the Third Defendants; 

(iv) 

precisely what views expressed by the Fourth Defendants 

are alleged not to have been "analysed and considered" 

by the Third Defendants; 

(v) 

by whom on behalf of the Fourth Defendants were those views 

expressed; 

(vi) 

all facts and matters relied upon to support the contention 

---- ...... that those said’views were not "analysed and considered" .. ... 

by the Third Defendants. 

MICHAEL J.A. MURPHY 

SERVED this 2nd day of October 1989 by Messrs* Keeble Hawson of Old Cathedral 

Vicarage, St.. James' Row, Sheffield SI IXA,. 'Solicitors for the Third Defendants. 

-5 -

IN THE HIGH COURT OF JUSTICE 1989 C No. 5925 



BETWEEN 

JOAN CHAPMAN 

(Widow and Administratrix of the Estate 

of Raymond Thomas Chapman Deceased) 

Plaintiff 

- and - 


- and - 

First Defendants 


- and - 



n 

- and - 


EASTWOOD AND PARTNERS (CONSULTING ENGINEERS)(a firm) 


REPLY TO DEFENCE OF FIRST DEFENDANTS 

1. Save as in so far as the same consists of admissions, the 

Plaintiff takes issue with the First Defendants upon his Defence

h erein . 

2. Without prejudice to the generality of the foregoing the 

Plaintiff expressly avers: 

(i) 

in reply to paragraph 2 of the Defence, that any such police 

officers who were members of the Merseyside and Nottingham 

Constabularies, were at all material times acting under the 

direction and control of the First Defendant and/or under the 

direction and control of the police officers who as members of the 

First Defendant's Force were acting under the First Defendant's 

direction and control; 

(ii) 

in reply to paragraphs 9(f) and (g) of the Defence, that the 

introduction of radial fences and pens on the West Terrace in fact 

exacerbated the problem of ensuring an even spread of spectators 

throughout the Terrace so as to avoid crushing. 

The Plaintiff 

repeats sub-paragraphs (b) and (f) of the Particulars of Negligence 

as against the First Defendant contained in paragraph 9 of her 

Statement of Claim. The Plaintiff avers that the First Defendant 

and/or the police officers under his control negligently failed to 

appreciate that by reason of the existence of the radial fences, the 

projecting walls at the rear of pens three and four and the size and 

position of the gates in the radial fences, the crowd required 

assistance whether from the police and/or stewards or otherwise, to 

enable an even spread to be achieved; 

(iii) 

that, in reply to paragraph 12 of the Defence, the reasoning 

in Hill -y- Chief Constable of West Yorkshire has no application to

the Plaintiff's cause of action herein. Hill concerns (as the 

Plaintiff’s action does not) the existence or otherwise of a general 

duty of care owed to individual members of the public by the police 

in the course of carrying out their function of controlling and 

suppressing crime, to identify and apprehend an unknown criminal; 

and the reason why if such duty does exist, public policy requires 

that the police should not be liable to anyone who suffers injury 

through the activities of a criminal whom the police in breach of 

such duty have failed to apprehend. 

TIMOTHY R A KING 

SERVED this >2C ''' day of «.r C -r_ 198^ by 

Brian Thompson & Partners Richmond House, Rumford Place, 

Liverpool. L3 9SW Solicitors for the Plaintiff 

MH/CHAPMAN/A89V228/WW




B E T W E E N 

JOAN CHAPMAN 



Plaintiff 

- and - 

rHE CHIEF CONSTABLE OF SOUTH YORKSHIRE POLICE 

- and - 



- and - 



- and - 


EASTWOOD AND PARTNERS (CONSULTING ENGINEERS) (a .firm) 


REQUEST FOR FURTHER AND BETTER PARTICULARS 

OF THE DEFENCE OF THE SECOND DEFENDANTS

UNDER PARAGRAPH 9 

Of "(e) 

there was at all material times a clear understanding 

between police and the Second Defendants as to the manner in which 

the numbers in the pens would be monitored and controlled by the 

police" 

State with such particularity as will be relied upon at trial: 

(i) 

when it is alleged this clear understanding came into being; 

(ii) 

what it meant by "clear understanding", indicating whether 

the Second Defendants are relying upon any written and/or oral 

communication(s) between the police and themselves; if in writing, 

identify the documents relied upon, if oral, give full particulars 

of the words used, indicating the identity of the persons on behalf 

of the police and the Second Defendants between whom such 

communications passed and further and indicating who said what to 

whom and the place and occasion of each communication; 

Of "(h) 

they did inform the police of the estimated flow rate 

through the turnstiles - and in doing so, in fact underestimated 

that rate" 

State: 

(i) 

when, by whom on behalf of the Second Defendants and to whom 

on behalf of the police the said information was given;

(ii) 

whether the said information was given orally or in writing; 

if in writing identify the documents relied upon; 

(iii) what the estimated rate was; 

Of "(1) 

the Second Defendants will rely upon the fact that they did 

regularly inform the police in the control box of the numbers of 

spectators who had been admitted...." 

Stare: 

(i) 

full particulars of the regular information as to numbers 

herein alleged, stating: 

(a) 

by whom on behalf of the Second Defendants and to whom 

on behalf of the police the said information was given; 

(b) 

the manner in which the same was transmitted; 

(c) whether it is alleged that the said information 

specified in any way the parts of the ground to whichâny particular 

numbers of spectators had been admitted; 

(d) the particular numbers which were so communicated to the 

police, stating exactly when the same were so given; 

(ii) 

whether it is alleged that the said regular information was 

given pursuant to any existing agreement or arrangement between the 

Second Defendants and the police; if so, state when the same was 

entered into, indicating by whom on behalf of the Second Defendants 

and the police the same was made, and further indicating whether any 

such agreement or arrangement was in writing or oral; if in writing, 

identify any documents relied upon; if oral, give particulars of the

words used, by whom to whom and identify the occasions upon which 

they were uttered. 


SERVED this ' '- day of L- 198'? by 

Brian Thompson & Partners Richmond House, Rumford Place, 






B E T W E E N 

JOAN CHAPMAN 



Plaintiff 

- and - 


- and - 



- and - 



- and - 


EASTWOOD AND PARTNERS (CONSULTING ENGINEERS)(a firm) 


REQUEST FOR FURTHER AND BETTER PARTICULARS OF 

THE DEFENCE OF THE FIRST DEFENDANT

UNDER PARAGRAPH 9(g) 

Of 

"The system of "self-levelling" of spectators had been 

successful". 

State: 

Whether it is alleged that a system of self—levelling had 

been in operation during the 1981 F.A. Cup Semi-Final between 

Tottenham Hotspur F.C. and Wolverhampton Wanders F.C.; if it is so 

alleged, further state in what circumstances and to what extent it 

is alleged such system had been successful on the said occasion. 

UNDER PARAGRAPH 9(j.) 

Of 

"The main Police function was expected to be the prevention 

of crime and control of disorder if necessary" 

State: 

Whether it is alleged the police had functions other than 

that stated herein; if so, identify such functions; further, state 

in particular whether it is alleged that the police had any function 

in relation to crowd safety on the West Terrace of the Leppings Lane 

end of the ground, and the control and monitoring of numbers 

entering the pens of the Terrace; if it is so alleged, identify what 

that function was; if it is not so alleged, state who the police 

allege had that function, if anyone.

UNDER PARAGRAPH 9(v) 

Of 

"The "self-levelling" policy was expected to work 

successfully as on previous occasions" 

State: 

Whether it is alleged that the police had any contingency 

plans or maintained any system to be put into operation in the event 

of the self-levelling policy not working, and if so, state 

particulars of those plans and/or system with such particularity as 

will be relied upon at trial. 


SERVED this day of ( S 1983 by 

Erian Thompson & Partners Richmond House, Rumford Place, 



IN THE HIGH COURT OF JUSTICE 1989 C No. 89 5925 




JOAN CHAP I N 


of Raymond Thomas Ch -an deceased) 

P lain tiff 

- and - 


- and - 



- and - 



- and - 



(Consulting Engineers) (a fira) 


REPLY OF THE PLAINTIFF TO 

REQUEST BY THIRD DEFENDANTS FOR FURTHER AND BETTER 

PARTICULARS OF THE STATEMENT OF CLAIM


Of the Particulars of Negligence of the Third Defendants their 

Servants or Agents; 

Of Paragraph 10 

Please state precisely wfat type of gates i t is alleged 

should have been provided for in the 

trimeter fences stating the 

dimensions of tr • said gates which i: is alleged should have been 

provided for the Safety Certificate; the number of such gates and, 

by reference to a sketch or plan, please show where i t is alleged 

those gates should have been situated along the periaeter fences. 

UNDER PARAGRAPH 10 (a )(ii) 

(a) 

Please state precisely what conditions it is alleged 

should have been inserted by the Third Defendants into the Safety 

C ertificate so as to provide; 

(i) 

ii) 

for adequate stewarding;and 

for adequate signing. 

(b) 

Please describe precisely what it is alleged to be 

"adequate" stewarding for these purposes, indicating in detail the 

case which these Defendants w ill have to answer with regard to; 

(i) 

the numbers of stewards which should have 

been provided for in the Safety Certificate; 

( ii) the positioning and deployment of stewards 

for which provision should have been made in the Safety 

C ertificate;and 

( iii) the precise responsibilities of stewards for

which provisions should have been made in the Safety C ertificate;and 

(iv) 

any other aatter or u t t e r s concerning the 

stewarding of this match for which i t is alleged specific provision 

should have been made in the Safety Certificate.' 

(c) 

Please describe precisely what is alleged to be 

"adequate" signing for these purposes indicating in detail the case 

which the Third Defendants w ill have to answer with regard to any 

alleged deficiency in the Safety Certificate in relation; 

(i) 

to the nuabers of signs for which provision 

should have been made in the Safety Certificate stating exactly how 

the certificate is said to be deficient in this respect; 

(ii) 

to where i t is alleged each sign should have 

been posted stating exactly how the Certificate is said to be 

deficient in this respect; 

(iii) 

to the information upon each sign which i t 

is alleged the Safety Certificate should have stipulated atating 

exactly how the said Certificate is alleged to be deficient in th is 

respect; 

(iv) 

to any other matter concerning the signing 

for this football match in respect of which it is alleged provision 

should have been made in the Safety Certificate stating exactly how 

i t is alleged the said Certificate was deficient. 

UNDER PARAGRAPH 10 (a) ( iii) 

Please state precisely what provision i t is alleged 

should have been made in the Safety Certificate for separate 

entrances for each separate section of the ground indicating

precisely what kind of information or stipulation i t is said should 

have been included in the Certificate for this purpose. 


(c) 

(a) 

Please state what works carried out since the original 

grant of the Certificate were such as would have necessitated the 

amendment of the said Certificate indicating precisely what 

amendments i t is alleged should have been made and when i t is 

alleged each such amendment should have been made. 

(b) 

Please indicate each and every respect in which i t is 

alleged the conditions of the said Safety Certificate were 

inadequate stating what it is alleged would have been adequate 

provision in each case. 

UNDER PARAGRAPH 10 (d) 

Please state whether i t is alleged that the Third 

Defendants never convened meetings of the Officer Working Party. 

I f i t is the P la in tiff's case that meetings o f the said 

Working Party were convened but that they were not convened with 

sufficient regularity, please state with what regularity such 

■eetings should have been convened so as to explain in detail the 

P la in tiff's case in this respect.

UNDER PARAGRAPH 10 (f) 

(a) 

Of the allegation that the Third Defendants permitted 

the removal of barrier 1 

without considered advice from the 

Officer Working Party please state; 

(i) 

whether i t is the P lain tiff's case that the 

said barrier was removec vithout any advice from the Officer Working 

Party; 

(ii) 

if the answer to (i) above is "No" then 

please state in relation to the removal of the said barrier 144 what 

"advice" was given and by whom i t was given and each and every 

respect in which it is alleged that the said advice was not 

"considered advice" giving fu ll d etails of the P lain tiff's case in 

this respect. 

(b) 

Of the allegation that the Third Defendants permitted 

the removal of the said barrier without having analysed and 

considered the views of the First and Fourth Defendants please 

sta te ; 

(i) 

precisely what "views" were expressed by the 

First Defendant which were not analysed and considered by the Third 

Defendants; 

(ii) 

by whom on behalf of the First Defendants 

were those views expressed; 

( iii) a ll facts and matters relied upon to support 

the contention that those said views were not "analysed and 

considered" by the Third Defendants; 

(iv) 

precisely what views expressed by the Fourth 

Defendants are alleged not to have been "analysed and considered" by

the Third Defendants; 

(v) 

by whoa on behalf of the Fourth Defendants 

were those views expressed; 

(vi) 

a ll facts and matters relied upcn ~.o support 

the contention that those said views were not "analysed a 

considered" by the Third Defendants 

REPLY 

As the Third Defendants well know, the allegations 

appearing in the Statement of Claim against the Third Defendants are 

those in itia lly made informally by the Second Defendants who invited 

the P la in tiff to join the Third Defendants in this action and who by 

their defence have adopted the said allegations. 

The P lain tiff 

invites the Third Defendants to seek the requested particulars from 

the Second Defendants and the P la in tiff will repeat and adopt such 

answers as are given by the Second Defendants 

T KING 

SERVED this day of U C L < - ' i Z > ■ - 198 by 

Brian Thompson & Partners, Richmond House, Rumford Place, 

Liverpool 

L3 9SW Solicitors for the P laintiff 

MH/CHAPMAN/ A89V228/W

IN THE HIGH COURT OF JUSTICE 1989 C No 5925 

QUEEN’S BENCH DIVISION 



JOAN CHAPMAN 

WIDOW AND ADMINISTRATRIX OF THE ESTATE 

OF RAYMOND THOMAS CHAPMAN DECEASED 

Plaintiff 

and 



and 



and 


and 



(a firm) Fourth Defendants 

REQUEST BY THE FOURTH DEFENDANT FOR FURTHER AND 

BETTER PARTICULARS OF THE AMENDED STATEMENT OF CLAIM 


Of "The Fourth Defendants were at all material times retained by the 

Second Defendants to advise them on all matters relating to the safety of 

the said stadium and its compliance with the Safety Certificate referred to; 

pursuant to the retainer, the Fourth Defendants by themselves their 

servants or agents regularly inspected the stadium and designed advised 

and approved the carrying out of works thereon.." 

Request 

1. Please state whether it is the Plaintiffs case that the scope of the 

Fourth Defendants’ retainer was more extensive than that pleaded in 

Paragraph 4 of the Amended Defence. If the answer is affirmative, please 

1

provide the further particulars sought in the two following paragraphs. 

2. Please identify when and by whom the Fourth Defendants were 

allegedly so retained and whether orally or in writing. If orally, please 

state where, between whom, and in whose presence such a retainer was 

allegedly agreed, and set out the gist of the words used. If in writing, 

please identify each and every document to be relied on. 

3. Please state, so that the Fourth Defendant may know the case it is 

required to meet, whether it is alleged that the scope of the Fourth 

Defendant’s responsibilities extended beyond the structure of the stadium. 

If affirmative, please identify the exact scope of the alleged retainer, and 

identify all facts and matters other than those pleaded in response to the 

previous request, on which the Plaintiff intends to rely. 

4. Please identify all those works which the Plaintiffs allege are relevant 

to the issues in this action and which it will be alleged that the Fourth 

Defendant: 

(1) Designed; 

(2) Advised; 

(3) Approved the carrying out of. 


Of "He [the Deceased] was at all material times on the standing terrace 

at the Leppings Lane End of the ground (hereinafter referred to as the 

West Terrace) in the area known as pen three." 

Request 

5. Please identify so far as possible and by reference to a plan or some 

other convenient method, precisely where the Deceased was standing at 

all such times. 

UNDER PARAGRAPH 10 - PARTICULARS OF NEGLIGENCE OF 

THE FOURTH DEFENDANTS THEIR SERVANTS OR AGENTS 

Of "(a) Failed as the Second Defendants’s Safety Consultant to advise 

against the erection of radial fences without the installation of separate 

turnstiles to each pen created thereby;" 

Request 

6. Please state whether the use of the term "the Second Defendant’s 

Safety Consultant" is intended to incorporate an allegation that the Fourth 

Defendants were at any material time acting in a capacity different from 

2

that alleged in Paragraph 4 of the Amended Statement of Claim as 

further particularised in answer to the preceding requests numbered 1, 2, 

3 and 4 herein. If affirmative, please identify the precise alleged scope of 

the Fourth Defendants’ alleged duties as Safety Consultant, indicating in 

each case the full details of the alleged retainer giving rise to such duty. 

7. Please particularise precisely when it is alleged that such advice should 

have been given and to whom. 

Of "(b) Failed when their own plans for new turnstiles had been 

abandoned, to advise the Second Defendants of the necessity to remove 

the radial fences;" 

Request 

8. Please identify each and every fence the removal of which it is alleged 

that the Fourth defendant should have advised. 

9. Please particularise each and every fact and matter to be relied upon 

in support of the allegation that the removal of each such radial fence was 

necessary. 

Of "(c) Accepted assurances that the Second Defendants and the Police 

had agreed a system of monitoring the numbers entering the pens at the 

Leppings Lane end, when on a proper analysis, it should have been clear 

that no such system could operate efficiently..." 

Request 

10. Please particularise precisely what the use of the word "efficiently" is 

intended to signify in the context of this allegation. 

11. Please state whether it is the Plaintiffs case that the layout of the 

Leppings Lane end terraces with its pens was such that it was incapable 

of being policed properly and safely. If affirmative, please particularise 

each and every fact and matter relied upon. If negative:- 

(1) Please particularise precisely what allegedly should have been 

clear upon proper analysis. 

(2) Please state how it is alleged that the matters complained of 

caused the death of the deceased. 

3

12. Please state whether it is alleged that the Fourth Defendants should 

have been aware of the matters particularised in answer to the preceding 

request (1) had they carried out a proper analysis or (2) in any event. In 

either case, please provide full particulars of each and every fact and 

matter relied upon in support thereof. 

13. If, in answer to the previous request, it is alleged that the Fourth 

Defendants should have been aware of such matters after proper analysis:- 

(1) Please particularise all matters relied upon in support of the 

allegation that they were under a duty to carry out such an analysis. 

(2) Please particularise precisely what it is alleged would have 

constituted a proper analysis. 

Of "(d) Regarded the pens formed by the radial fences as still 

constituting one individual terrace;" 

Request 

14. Please identify precisely how it is alleged that such an approach 

affected the conduct of the Fourth Defendants and/or caused or 

contributed to the acts and omissions alleged against them. 

15. Please particularise precisely how it is alleged that the Fourth 

Defendant should have regarded these pens. 

16. Please state how it is alleged that this alleged breach caused the 

death of the deceased. 

Of "(e) Failed to advise against the removal of barrier 144 and failed to 

warn the Second Defendants, the Officer Working Party, and/or the Third 

Defendants of the dangers thereof." 

Request 

17. Please particularise when it is alleged that the Fourth Defendants 

should so have warned: 

(1) The Second Defendants; 

(2) The Officer Working Party; 

(3) The Third Defendants. 

18. Please state whether it is alleged that the advice of the Fourth 

Defendants was sought by (1) The Officer Working Party; (2) The Third 

Defendants. 

19. If the answer to either or both parts of the preceding request is in 

the affirmative, please particularise when, where, by whom, to whom and 

4

how such request was in each case made. 

20. If the answer to either or both parts of the Request numbered 18 is 

in the negative, please identify in each case the basis on which it is 

alleged that the Fourth Defendants were under a duty to volunteer such 

advice. 

21. Please particularise to whom and when it is alleged that the Fourth 

Defendant should have given advice against the removal of barrier 144. 

22. Please particularise each and every alleged danger of the removal of 

the said barrier. 

23. Please state whether it is the Plaintiffs case that the removal of the 

said barrier caused the deceased’s death. If affirmative, please state how 

it is alleged that such removal was causative of the death of the deceased 

identifying each and every fact relied upon in support thereof. 

Of "(f) ...gates which were too small to be exit gates in breach of the 

Green Guide and/or failed properly to advise the Second Defendants as 

to the failings of the gates;" 

Request 

24. Please identify the Edition and paragraphs of the Green Guide relied 

upon. 

25. Please particularise each and every alleged failing of the gates. 

26. Please particularise precisely what advice it is alleged that the Fourth 

Defendants (i) gave and (ii) should have given. 

27. Please particularise precisely how it is alleged (if at all) that the 

alleged breach of duty on the part of the Fourth Defendants caused the 


Of "(g) Failed properly to test the crush barriers in pen three to ensure 

they were of adequate strength and/or failed to advise the Second 

Defendant of the weaknesses in the barrier which collapsed; 

Request 

28. Please state whether it is the Plaintiffs case that Barrier 124 failed 

under a load which was less than:- 

(1) The design load (namely 5 KN per metre width); 

5

(2) The test load (namely 6 KN per metre width); 

29. If the answer to either or both parts of the preceding request is in the 

affirmative, please specify the load at which it is alleged that it did 

collapse, giving full particulars of all matters relied upon. 

30. Please identify what it is alleged would have amounted to a proper 

test. 

31. Please particularise each and every respect in which it is alleged that 

the testing by the Fourth Defendant of the barrier which collapsed fell 

short of such a proper test. 

32. Please particularise what difference it is alleged that such a proper 

test would have made. 

33. Please particularise each and every alleged weakness in the barrier. 

which collapsed of which it is alleged that the Fourth Defendant should 

have advised the Second Defendant. 

Of "(h) Failed to advise the Second Defendants that the existing turnstile 

facilities at the Leppings Lane end were inadequate to accommodate a 

crowd of 24,000...." 

Request 

34. Please state what rate of entry per turnstile should have been taken 

as the likely average rate of entry at the Leppings Lane End. 

35. Please state whether it is alleged that the Fourth Defendants (1) did 

know or (2) should have known that such was the likely rate of entry, in 

each case giving full particulars of all facts and matters relied upon. 


know or (2) should have known that the number of spectators intended to 

be admitted through the turnstiles at the Leppings Lane end was 24,000 

or thereabouts, in each case giving full particulars of all facts and matters 

relied upon. 

37. Please particularise when it is alleged that the Fourth Defendant 

should have given such advice. 

38. Please particularise each and every fact and matter relied upon in 

support of the allegation that the Fourth Defendant was under a duty to 

give advice as to the adequacy or otherwise of the existing turnstile 

facilities (1) generally and (2) specifically for a crowd of 24,000. 

6

Of "(i) Failed to advise the Second Defendants of their failure within the 

ground to sign clearly the existence of and the way to pens one/two and 

six/seven." 

Request 

39. Please particularise what advice it is alleged that the Fourth 

Defendant should have given. 

40. Please particularise when it is alleged that such advice should have 

been given. 

41. Please particularise each and every aspect of the Fourth Defendant’s 

retainer by virtue of which it is alleged that the Fourth Defendant was 

under a duty to give such advice. 

42. Please particularise precisely how it is alleged that the alleged breach 

of duty on the part of the Fourth Defendants caused the death of the 

deceased. 

Of "(j)(0 Failed to recognise the need to provide a sufficient means of 

escape of the crowd from the pens in the event of emergency" 

Request 

43. Please particularise each and every respect in which the means of 

escape provided is alleged to have been insufficient. 

44. Please identify each and every fact and matter relied upon in support 

of the allegation that the Fourth Defendant should have recognised the 

need for some other means of escape. 

Of "(j)(ii) Failed to advise the First, Second and Third Defendants and 

the Football Association of the need to provide such means of escape." 

Request 

45. Please identify the precise means of escape which the Fourth 

Defendant should have advised. 

46. Please state whether it is the Plaintiffs case that the Fourth 

Defendants were under a duty to volunteer advice as to the means of 

escape (1) to the First Defendants; (2) to the Third Defendants; (3) to the 

Football Association, in each case providing full particulars of all facts and 

7

matters relied upon. 


support of the allegation that the Fourth Defendant should have advised 

(a) The First Defendant; (b) the Third Defendant; and (c) the Football 

Association of the need to provide such means of escape. 

Of "(j)(iii) Failed to heed that the gates provided were not such a 

sufficient means of escape." 

Request 

48. Please state whether it is the Plaintiffs case that the gates were 

and/or were intended to form part of the means of escape in case of all 

and/or any and if so what emergency. If affirmative, please particularise 

in each case each and every fact and matter relied upon in support 

thereof. 

49. Please particularise what it is that the Fourth Defendant did not heed 

but should have heeded. 

Of'(j)(iv) Failed to design a sufficient means of escape as above." 

Request 

50. Please particularise precisely what form of means of escape it is 

alleged that the Fourth Defendant should have designed. 

51. Please particularise for what purpose it is alleged that the means of 

escape designed should have been sufficient. 

Of "(k) Sanctioned the use of crowd enclosure which was in fact a trap." 

Request 

52. Please identify precisely what is alleged to have constituted a trap. 

53. Please identify each and every way in which it is alleged that such 

thing constituted a trap and particularise each and every fact and matter 

to be relied upon in support thereof. 

54. Please state how it is alleged that the Fourth Defendant "sanctioned" 

such use. 

55. Please particularise precisely what it is that the Fourth Defendant did 

that they should not have done and that they did not do but should have 

8

done. 

Of " (1) Failed to give adequate consideration and response to the 

Second Defendants’ enquiries concerning the certified capacity of the 

terrace in February, March and April 1987." 

Request 

56. Please identify the alleged enquiries in February 1987 here referred 

to, stating in each case to whom, by whom, when and how each such 

enquiry was addressed. 

57. Please identify the alleged enquiries in March 1987 here referred to, 

stating in each case to whom, by whom, when and how each such enquiry 

was addressed. 

58. Please identify the alleged enquiries in April 1987 here referred to, 



59. Please particularise in respect of each such enquiry what 

consideration it is alleged that the Fourth Defendant should have given 

but did not give. 

60. Please particularise in respect of each such enquiry what response: 

(1) It is alleged that the Fourth Defendants did give; 

(2) It is alleged that the Fourth Defendants should have given. 

61. Please state whether it is the Plaintiffs case that the overall numbers 

admitted to the Leppings Lane end of the ground on 15th April 1989 was 

excessive and unsafe. 

62. If the answer to the previous request is affirmative, please state: 

(1) What numbers it is alleged were admitted; 

(2) What numbers it is alleged should have been admitted; 

63. If the answer to Request 61 is in the negative, please state how the 

matters complained of in this sub-paragraph are alleged to have caused 

the death of the deceased. 

JUSTIN FENWICK 

Served thisl^ây of December 1989 by Reynolds Porter Chamberlain of 

Chichester House, 278/282 High Holborn, London WCIV 7HA. Solicitors 

for the Fourth Defendants 

9

IN THE HIGH COURT OF JUSTICE 1989 C No 5925 




JOAN CHAPMAN 


OF RAYMOND THOMAS CHAPMAN DECEASED 

Plaintiff 

and 



and 



and 


and 




REQUEST BY THE FOURTH DEFENDANT FOR FURTHER AND 


Reynolds Porter Chamberlain 

Chichester House 

278/282 High Holborn 

London WCIV 7HA 

Ref: PDN/EAS 1-2 

Solicitors for the 4th Defendants

IN THE HIGH COURT OF JUSTICE 1989 R No 7039 



BETWEEN: 

LINDA MARY RIMMER 


OF DAVID GEORGE RIMMER DECEASED 

Plaintiff 

and 



and 



and 


and 




REQUEST BY THE FOURTH DEFENDANTS FOR FURTHER AND 



Of "The Fourth Defendants were at all material times retained by the 

Second Defendants to advise them on all matters relating to the safety of 

the said stadium and its compliance with the Safety Certificate referred to; 

pursuant to the retainer, the Fourth Defendants by themselves their 

servants or agents regularly inspected the stadium and designed advised 

and approved the carrying out of works thereon.." 

Request 

1. Please state whether it is the Plaintiffs case that the scope of the 

Fourth Defendants’ retainer was more extensive than that pleaded in 

Paragraph 4 of the Amended Defence. If the answer is affirmative, please 

1

provide the further particulars sought in the two following paragraphs. 

2. Please identify when and by whom the Fourth Defendants were 

allegedly so retained and whether orally or in writing. If orally, please 

state where, between whom, and in whose presence such a retainer was 

allegedly agreed, and set out the gist of the words used. If in writing, 

please identify each and every document to be relied on. 

3. Please state, so that the Fourth Defendant may know the case it is 

required to meet, whether it is alleged that the scope of the Fourth 

Defendant’s responsibilities extended beyond the structure of the stadium. 

If affirmative, please identify the exact scope of the alleged retainer, and 

identify all facts and matters other than those pleaded in response to the 

previous request, on which the Plaintiff intends to rely. 

4. Please identify all those works which the Plaintiffs allege are relevant 

to the issues in this action and which it will be alleged that the Fourth 

Defendant: 

(1) Designed; 

(2) Advised; 

(3) Approved the carrying out of. 


Of "He [the Deceased] was at all material times on the standing terrace 

at the Leppings Lane End of the ground (hereinafter referred to as the 

West Terrace) in the area known as pen four." 

Request 

5. Please identify so far as possible and by reference to a plan or some 

other convenient method, precisely where the Deceased was standing at 

all such times. 

UNDER PARAGRAPH 9 - PARTICULARS OF NEGLIGENCE OF 

THE FOURTH DEFENDANTS THEIR SERVANTS OR AGENTS 

Of "(a) Failed as the Second Defendants’s Safety Consultant to advise 

against the erection of radial fences without the installation of separate 

turnstiles to each pen created thereby;" 

Request 

6. Please state whether the use of the term "the Second Defendant’s 

Safety Consultant" is intended to incorporate an allegation that the Fourth 

Defendants were at any material time acting in a capacity different from 

2

that alleged in Paragraph 4 of the Amended Statement of Claim as 

further particularised in answer to the preceding requests numbered 1, 2, 

3 and 4 herein. If affirmative, please identify the precise alleged scope of 

the Fourth Defendants’ alleged duties as Safety Consultant, indicating in 

each case the full details of the alleged retainer giving rise to such duty. 

7. Please particularise precisely when it is alleged that such advice should 

have been given and to whom. 

Of "(b) Failed when their own plans for new turnstiles had been 

abandoned, to advise the Second Defendants of the necessity to remove 

the radial fences;" 

Request 

8. Please identify each and every fence the removal of which it is alleged 

that the Fourth defendant should have advised. 

9. Please particularise each and every fact and matter to be relied upon 

in support of the allegation that the removal of each such radial fence was 

necessary. 

Of "(c) Accepted assurances that the Second Defendants and the Police 

had agreed a system of monitoring the numbers entering the pens at the 

Leppings Lane end, when on a proper analysis, it should have been clear 

that no such system could operate efficiently..." 

Request 

10. Please particularise precisely what the use of the word "efficiently" is 

intended to signify in the context of this allegation. 

11. Please state whether it is the Plaintiffs case that the layout of the 

Leppings Lane end terraces with its pens was such that it was incapable 

of being policed properly and safely. If affirmative, please particularise 

each and every fact and matter relied upon. If negative:- 

(1) Please particularise precisely what allegedly should have been 

clear upon proper analysis. 

(2) Please state how it is alleged that the matters complained of 

caused the death of the deceased. 

3

12. Please state whether it is alleged that the Fourth Defendants should 

have been aware of the matters particularised in answer to the preceding 

request (1) had they carried out a proper analysis or (2) in any event. In 

either case, please provide full particulars of each and every fact and 

matter relied upon in support thereof. 

13. If, in answer to the previous request, it is alleged that the Fourth 

Defendants should have been aware of such matters after proper analysis:- 

(1) Please particularise all matters relied upon in support of the 

allegation that they were under a duty to carry out such an analysis. 

(2) Please particularise precisely what it is alleged would have 

constituted a proper analysis. 

Of "(d) Regarded the pens formed by the radial fences as still constituting 

one individual terrace;" 

Request 

14. Please identify precisely how it is alleged that such an approach 

affected the conduct of the Fourth Defendants and/or caused or 

contributed to the acts and omissions alleged against them. 

15. Please particularise precisely how it is alleged that the Fourth 

Defendant should have regarded these pens. 

16. Please state how it is alleged that this alleged breach caused the 


Of "(e) Failed to advise the Second Defendants that the existing turnstile 

facilities at the Leppings Lane end were inadequate to accommodate a 

crowd of 24,000...." 

Request 

17. Please state what rate of entry per turnstile should have been taken 

as the likely average rate of entry at the Leppings Lane End. 


know or (2) should have known that such was the likely rate of entry, in 

each case giving full particulars of all facts and matters relied upon. 


know or (2) should have known that the number of spectators intended to 

be admitted through the turnstiles at the Leppings Lane end was 24,000 

or thereabouts, in each case giving full particulars of all facts and matters 

4

elied upon. 

20. Please particularise when it is alleged that the Fourth Defendant 

should have given such advice. 


support of the allegation that the Fourth Defendant was under a duty to 

give advice as to the adequacy or otherwise of the existing turnstile 

facilities (1) generally and (2) specifically for a crowd of 24,000. 

Of "(f) Failed to advise the Second Defendants of their failure within the 

ground to sign clearly the existence of and the way to pens one/two and 

six/seven." 

Request 

22. Please particularise what advice it is alleged that the Fourth 

Defendant should have given. 

23. Please particularise when it is alleged that such advice should have 

been given. 

24. Please particularise each and every aspect of the Fourth Defendant’s 

retainer by virtue of which it is alleged that the Fourth Defendant was 

under a duty to give such advice. 

25. Please particularise precisely how it is alleged that the alleged breach 

of duty on the part of the Fourth Defendants caused the death of the 

deceased. 

Of "(g)(i) Failed to recognise the need to provide a sufficient means of 

escape of the crowd from the pens in the event of emergency" 

Request 

26. Please particularise each and every respect in which the means of 

escape provided is alleged to have been insufficient. 

27. Please identify each and every fact and matter relied upon in support 

of the allegation that the Fourth Defendant should have recognised the 

need for some other means of escape. 

Of "(g)(ii) Failed to advise the First, Second and Third Defendants and 

the Football Association of the need to provide such means of escape." 

5

Request 

28. Please identify the precise means of escape which the Fourth 

Defendant should have advised. 

29. Please state whether it is the Plaintiffs case that the Fourth 

Defendants were under a duty to volunteer advice as to the means of 

escape (1) to the First Defendants; (2) to the Third Defendants; (3) to the 

Football Association, in each case providing full particulars of all facts and 

matters relied upon. 


support of the allegation that the Fourth Defendant should have advised 

(a) The First Defendant; (b) the Third Defendant; and (c) the Football 

Association of the need to provide such means of escape. 

Of "(g)(iii) Failed to heed that the gates provided were not such a 

sufficient means of escape." 

Request 

31. Please state whether it is the Plaintiffs case that the gates were 

and/or were intended to form part of the means of escape in case of all 

and/or any and if so what emergency. If affirmative, please particularise 

in each case each and every fact and matter relied upon in support 

thereof. 

32. Please particularise what it is that the Fourth Defendant did not heed 

but should have heeded. 

Of'(g)(iv) Failed to design a sufficient means of escape as above." 

Request 

33. Please particularise precisely what form of means of escape it is 

alleged that the Fourth Defendant should have designed. 

34. Please particularise for what purpose it is alleged that the means of 

escape designed should have been sufficient. 

Of "(h) Sanctioned the use of crowd enclosure which was in fact a trap." 

Request 

35. Please identify precisely what is alleged to have constituted a trap. 

6

36. Please identify each and every way in which it is alleged that such 

thing constituted a trap and particularise each and every fact and matter 

to be relied upon in support thereof. 

37. Please state how it is alleged that the Fourth Defendant "sanctioned" 

such use. 

38. Please particularise precisely what it is that the Fourth Defendant did 

that they should not have done and that they did not do but should have 

done. 

Of " (i) Failed to give adequate consideration and response to the 

Second Defendants’ enquiries concerning the certified capacity of the 

terrace in February, March and April 1987." 

Request 

39. Please identify the alleged enquiries in February 1987 here referred 

to, stating in each case to whom, by whom, when and how each such 

enquiry was addressed. 

40. Please identify the alleged enquiries in March 1987 here referred to, 



41. Please identify the alleged enquiries in April 1987 here referred to, 



42. Please particularise in respect of each such enquiry what consideration 

it is alleged that the Fourth Defendant should have given but did not give. 

43. Please particularise in respect of each such enquiry what response: 

(1) It is alleged that the Fourth Defendants did give; 

(2) It is alleged that the Fourth Defendants should have given. 

44. Please state whether it is the Plaintiffs case that the overall numbers 

admitted to the Leppings Lane end of the ground on 15th April 1989 was 

excessive and unsafe. 

45. If the answer to the previous request is affirmative, please state: 

(1) What numbers it is alleged were admitted; 

(2) What numbers it is alleged should have been admitted; 

46. If the answer to Request 44 is in the negative, please state how the 

matters complained of in this sub-paragraph are alleged to have caused 

7

the death of the deceased. 

JUSTIN FENWICK 

Served this ^ day of December 1989 by Reynolds Porter Chamberlain of 

Chichester House, 278/282 High Holborn, London WCIV 7HA. Solicitors 

for the Fourth Defendants 

8

IN THE HIGH COURT OF JUSTICE 1989 R No 7039 




LINDA MARY RIMMER 


OF DAVID GEORGE RIMMER DECEASED 

Plaintiff 

and 



and 



and 


and 




REQUEST BY THE FOURTH DEFENDANTS FOR FURTHER AND 


Reynolds Porter Chamberlain 

Chichester House 

278/282 High Holborn 

London WCIV 7HA 

Ref: PDN/EAS 1-2 

Solicitors for the 4th Defendants 

9

1989 C No. 5925 


Q U E E N * S B E N C H 

D I V I S I O N 


BETWEEN: 


( W i d o w , a n d A d m i n i s t r a t r i x o f t h e E s t a t e 

o f R A Y M O N D T H O M A S C H A P M A N D e c e a s e d ) 


- a n d - 

( 1 ) T H E C H I E F C O N S T A B L E O F S O U T H Y O R K S H IR E P O L I C E 

( 2 ) S H E F F I E L D W E D N E S D A Y F O O T B A L L C L U B P L C 

( 3 ) S H E F F I E L D C I T Y C O U N C IL 

( 4 ) E A S T W O O D & P A R T N E R S ( C o n s u l t i n g E n g i n e e r s ) 

( a f i r m ) 

D e f e n d a n t s 

- a n d - 



( a f i r m ) 

T h i r d P a r t i e s 

A M E N D E D F I R S T T H I R D P A R T Y N O T I C E 

( i s s u e d p u r s u a n t t o O r d e r 1 6 R u l e 8 ) 

To Sheffield Wednesday Football Club pic of 

Killsccrough, Sheffield, Souch Yorkshire S6 I~a .

T A K E N O T IC E T H A T t h i s a c t i o n h a s b e e n b r o u g h t b y t h e 

P l a i n t i f f a g a i n s t t h e F i r s t D e f e n d a n t . I n i t , t h e 

P l a i n t i f f c l a i m s a g a i n s t t h e F i r s t D e f e n d a n t d a m a g e s 

w i t h i n t e r e s t a s a p p e a r s f r o m t h e S t a t e m e n t o f C l a i m 

h e r e i n . 

T h e F i r s t D e f e n d a n t c l a i m s a g a i n s t y o u t o b e 

i n d e m n i f i e d a g a i n s t t h e P l a i n t i f f ' s c l a i m a n d t h e 

c o s t s o f t h i s a c t i o n o r c o n t r i b u t i o n t o s u c h e x t e n t 

a s b y t h e C o u r t m a y b e o r d e r e d o n t h e g r o u n d s o f y o u r 

n e g l i g e n c e a n d b r e a c h o f s t a t u t o r y d u t y p l e a d e d i n 

t h e S t a t e m e n t o f C l a i m a n d f u r t h e r t h a t ^ Y o u d i d n o t 

p r o v i d e a n y s u f f i c i e n t m e a n s o f e s c a p e o f t h e c r o w d 

f r o m t h e p e n s i n c a s e o f e m e r g e n c y . 

( 2 ) Y o u p r o v i d e d a r a m p w h i c h w a s s u b j e c t t o h e a v y 

c r o w d f l o w i n t h e t u n n e l t o p e n s 3 a n d 4 w i t h a 

g r a d i e n t o f 1 i n 6 . 8 i n s t e a d o f t h e 1 i n 10 

m a x im u m r e c o m m e n d e d i n G r e e n G u i d e p a r a g r a p h 8 8 . 

R IC H A R D P A Y N E 


D A T E D t h e 1 8 t h d a y o f O c t o b e r 1 9 8 9 

( 

R E - S E R V E D t h e 1 5 t h d a y o f __________ A u g u s t ____________ 1 9 9 0 

H a m m o n d S u d d a r d s , 

1 0 P i c c a d i l l y , 

B R A D F O R D B D 1 3 L R . 

( R e f . P C M ) 

Solicitors for the First Defendant

1989 C No. 5925 






( W i d o w a n d A d m i n i s t r a t r i x o f t h e 

E s t a t e o f R A Y M O N D T H O M A S C H A P M A N 

D e c e a s e d ) 

P l a i n - * ' f f 

- a n d - ^ 

( 1 ) T H E C H I E F C O N S T A B L E O F 

S O U T H 

Y O R K S H IR E P O L I C E 

( 2 ) S H E F F I E L D W E D N E S D A Y F O O T B A L L 

C L U B P L C 

( 3 ) S H E F F I E L D C I T Y C O U N C I L 

( 4 ) E A S T W O O D & P A R T N E R S 

( C o n s u l t i n g E n g i n e e r s ) 

( a f i r m ) 


- a n d - 

( 1 ) S H E F F I E L D W E D N E S D A Y F O O T B A L L , 

C L U B P L C 

' 



(a firm) 

T h i r d 

P a r t i e s 

A M E N D E D F I R S T T H I R D P A R T Y N O T I C E 


H a m m o n d S u c d a r d s , 

1 0 P i c c a d i l l y , 

B R A D F O R D B D 1 3 L R . 

( R e f . P C M )

1989 C No. 5925 






( W i d o w a n d A d m i n i s t r a t r i x o f t h e E s t a t e 

o f R A Y M O N D T H O M A S C H A P M A N D e c e a s e d ) 


a n d - 

( 1 ) T H E C H I E F C O N S T A B L E O F S O U T H Y O R K S H IR E P O L I C E 




( a f i r m ) 


- a n d - 



( a f i r m ) 


A M E N D E D S E C O N D T H I R D P A R T Y N O T IC E 


To Eastwood & Partners (Consulting Engineers) a firm 

cf St. Andrews House, 23 Kingfield Road, Sheffield, 

South Yorkshire Sll 9AS.

T A K E N O T I C E T H A T t h i s a c t i o n h a s b e e n b r o u g h t b y t h e 

P l a i n t i f f a g a i n s t t h e F i r s t D e f e n d a n t . I n i t , t h e 

P l a i n t i f f c l a i m s a g a i n s t t h e F i r s t D e f e n d a n t d a m a g e s 

w i t h i n t e r e s t a s a p p e a r s f r o m t h e S t a t e m e n t o f C l a i m 

h e r e i n . 

T h e F i r s t D e f e n d a n t c l a i m s a g a i n s t y o u t o b e 

i n d e m n i f i e d a g a i n s t t h e P l a i n t i f f ' s c l a i m a n d t h e 

c o s t s o f t h i s a c t i o n o r c o n t r i b u t i o n t o s u c h e x t e n t 

a s b y t h e C o u r t m a y b e o r d e r e d o n t h e g r o u n d s o f y o u r 

n e g l i g e n c e p l e a d e d i n t h e S t a t e m e n t o f C l a i m a n d 

f u r t h e r t h a t : 

1 . Y o u f a i l e d t o r e c o g n i s e t h e n e e d t o 

p r o v i d e a s u f f i c i e n t m e a n s o f e s c a p e 

o f t h e c r o w d f r o m t h e p e n s i n t h e 

e v e n t o f e m e r g e n c y . 

2 . Y o u f a i l e d t o a d v i s e t h e F i r s t , S e c o n d 

a n d T h i r d D e f e n d a n t s a n d t h e F o o t b a l l 

A s s o c i a t i o n o f t h e n e e d t o p r o v i d e 

s u c h m e a n s o f e s c a p e . 

3 . Y o u f a i l e d t o h e e d t h a t t h e g a t e s 

p r o v i d e d w e r e n o t s u c h a s u f f i c i e n t 

m e a n s o f e s c a p e . 

4 . Y o u f a i l e d t o d e s i g n a s u f f i c i e n t 

means o f e s c a p e a s above.

5 . Y o u s a n c t i o n e d t h e u s e o f a c r o w d 

e n c l o s u r e w h i c h w a s i n f a c t a t r a p . 

6 . Y o u a p p r o v e d t h e u s e o f a r a m n w f a in h 

w a s s u b j e c t t o h e a v y c r o w d f l o w i n 

t h e t u n n e l t o p e n s 3 a n d 4 w i t h a 

g r a d i e n t o f 1 i n 6 . 8 i n s t e a d o f t h e 

1 i n 10 m a x im u m r e c o m m e n d e d i n t h e 

G r e e n G u i d e p a r a g r a p h 8 8 . 



D A T E D t h e 1 8 t h d a y o f O c t o b e r 1 9 8 9 

R E - S E R V E D t h e 1 5 t h d a y o f _________A u g u s t ____________ 1 9 9 0 

H a m m o n d S u d d a r d s , . 

1 0 P i c c a d i l l y , 

B R A D F O R D B D l 3 L R . 

( R e f . P C M ) 

S o l i c i t o r s f o r t h e F i r s t D e f e n d a n t

1989 C No. 5925 

I N T H E 

H I G H C O U R T O F J U S T I C E 

Q U E E N ' S 

B E N C H D I V I S I O N 

L IV E R P O O L D I S T R I C T R E G I S T R Y 



( W id o w a n d A d m i n i s t r a t r i x o f t h e 

E s t a t e o f 

R A Y M O N D T H O M A S C H A P M A N 


Plain^ \f_f 

v ' ' ) 

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( 2 ) S H E F F I E L D W E D N E S D A Y F O O T B A L L 

C L U B P L C 




( a f i r m ) 


- a n d - 

( 

( 1 ) S H E F F I E L D W E D N E S D A Y F O O T B A L L ^ 

C L U B P L C ) 

( 2 ) E A S T W O O D & P A R T N E R S ‘ 


( a f i r m ) 


A M E N D E D S E C O N D T H I R D P A R T Y N O T I C E 


Hammond Succards, 

10 Piccadilly, 

BRADFORD E3i*3LR. 

(Ref. PCM)

f i f i g g f i d ^ E u r s u a n t t o t h e L e a v e o f M r J u s t i c e J o w i t t 

G i v e n o n 2 4 t h J u l y 1 9 9 0 . 

1 9 8 9 C . N o . 5 9 2 5 




I N T H E M A T T E R O F T H E D I S A S T E R A T 

H IL L S B O R O U G H S T A D IU M 1 5 T H A P R I L . 1 9 8 9 

A N D I N T H E M A T T E R O F T H I R D P A R T Y P R O C E E D IN G S 

I N T H E C A S E S O F J O A N C H A P M A N A N D L I N D A M A R Y R IM M E R 


C H I E F C O N S T A B L E O F T H E 

S O U T H Y O R K S H IR E 

P O L I C E 

T h i r d P a r t y C l a i m a n t 

- a n d - 

S H E F F I E L D W E D N E S D A Y F O O T B A L L 

C L U B P L C 

F i r s t T h i r d P a r t y D e f e n d a n t 

- a n d - 

E A S T W O O D & P A R T N E R S 

S e c o n d T h i r d P a r t y D e f e n d a n t 

S E C O N D T H I R D P A R T Y D E F E N D A N T S ' 

D E F E N C E T O T H E A M E N D E D 

S E C O N D T H I R D P A R T Y N O T IC E 

1. T h e S e c o n d T h i r d P a r t y D e f e n d a n t h a s a l r e a d y p l e a d e d t o 

p a r a g r a p h s 1 - 5 o f t h e A m e n d e d S e c o n d T h i r d P a r t y N o t i c e 

i n i t s A m e n d e d D e f e n c e w h i c h w a s r e - s e r v e d o n 1 6 t h 

N o v e m b e r 1 9 8 9 . I n s o f a r a s i t i s n e c e s s a r y , t h e S e c o n d

T h i r d P a r t y D e f e n d a n t r e p e a t s a n d a d o p t s t h e p o i n t s m a d e 

i n i t s A m e n d e d D e f e n c e . 

2 . P a r a g r a p h 6 o f t h e A m e n d e d S e c o n d T h i r d P a r t y N o t i c e i s 

d e n i e d . T h e t u n n e l a n d r a m p w e r e a l r e a d y i n e x i s t e n c e 

w h e n t h e S e c o n d T h i r d P a r t y D e f e n d a n t w a s f i r s t i n s t r u c t e d 

b y t h e F i r s t T h i r d P a r t y D e f e n d a n t i n 1 9 7 8 , h a v i n g b e e n 

c o n s t r u c t e d p r i o r t o 1 9 6 6 . O v e r a t h r e e m e t r e l e n g t h t h e 

r a m p h a d a g r a d i e n t o f a p p r o x i m a t e l y 1 i n 6 . 5 . T h e 

a v e r a g e g r a d i e n t w a s l e s s t h a n 1 i n 1 0 . W h e r e t h e 

g r a d i e n t w a s g r e a t e r t h a n 1 i n 1 0 , i t w a s s l o p i n g 

d o w n w a r d s t o w a r d s t h e p i t c h , w h e r e a s t h e m o s t v u l n e r a b l e 

t i m e f o r u s e o f r a m p s i s a t t h e e n d o f m a t c h e s w h e n 

s p e c t a t o r s a r e l e a v i n g . A t t h i s S t a d i u m , s p e c t a t o r s 

l e a v i n g t h e p i t c h w o u l d b e o n a n u p h i l l g r a d i e n t w h i c h i s 

s a f e r t h a n a d o w n h i l l o n e . 

3. T h e S e c o n d T h i r d P a r t y D e f e n d a n t g a v e c o n s i d e r a t i o n , 

t o g e t h e r w i t h t h e L i c e n s i n g A u t h o r i t y a n d i t s O f f i c e r 

W o r k i n g P a r t y , t o t h e g r a d i e n t o f t h e r a m p o n a n u m b e r o f 

o c c a s i o n s , b u t i t w a s c o n s i d e r e d v e r y d i f f i c u l t , c o s t l y 

a n d u n n e c e s s a r y t o m a k e a n y a l t e r a t i o n s . 


d a y o f • 1 9 9 0 

b y R E Y N O L D S P O R T E R C H A M B E R L A IN o f C h i c h e s t e r H o u s e , 2 7 8 / 2 8 2 

H i g h H o l b o r n , L o n d o n W C 1 V 7 H A . S o l i c i t o r s f o r t h e S e c o n d T h i r d 

P a r t y D e f e n d a n t .

Served Pursuant to the Leave of 

M r J u s t i c e J o w i t t 

G i v e n o n 2 4 t h J u l y 1 9 9 0 . 

1 9 8 9 C . N o . 5 9 2 5 





H IL L S B O R O U G H S T A D IU M 1 5 T H A P R I L . 

1 9 8 9 

A N D I N T H E M A T T E R O F T H I R D P A R I. 

P R O C E E D IN G S 

I N T H E C A S E S O F J O A N C H A P M A N A N D 

L I N D A M A R Y R IM M E R 


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P O L I C E 


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S E C O N D T H I R D P A R T Y D E F E N D A N T S ' 

D E F E N C E T O T H E A M E N D E D 

S E C O N D T H I R D P A R T Y N O T I C E 

R e y y n o l d s P o r t e r C h a m b e r l a i n 

C h i c h e s t e r H o u s e 

2 7 8 / 2 8 2 H i g h H o l b o r n 

L o n d o n W C 1 V 7 H A 

T e l : 0 7 1 - 2 4 2 - 2 8 7 7 

R e f : J J W / P D N / E A S . 1 - 2 

S o l i c i t o r s f o r E a s t w o o d & P a r t n e r s

j

Under Paragraph 6 of the Amended Statement of Claim as 

A d o p t e d i n t h e S e c o n d T h i r d P a r t y N o t i c e 

O f " T h e F o u r t h D e f e n d a n t s w e r e a t a l l m a t e r i a l t i m e s 

r e t a i n e d b y t h e S e c o n d D e f e n d a n t s t o a d v i s e t h e m o n a l l 

m a t t e r s r e l a t i n g t o t h e s a f e t y o f t h e s a i d s t a d i u m a n d 

i t s c o m p l i a n c e w i t h t h e S a f e t y C e r t i f i c a t e r e f e r r e d t o ; 

p u r s u a n t t o t h e r e t a i n e r , t h e F o u r t h D e f e n d a n t s b y 

t h e m s e l v e s t h e i r s e r v a n t s o r a g e n t s r e g u l a r l y i n s p e c t e d 

t h e s t a d i u m a n d d e s i g n e d a d v i s e d a n d a p p r o v e d t h e 

c a r r y i n g o u t o f w o r k s t h e r e o n . " 

R E Q U E S T 

1 . P l e a s e s t a t e w h e t h e r i t i s t h e 

P l a i n t i f f ' s c a s e t h a t t h e s c o p e o f t h e 

F o u r t h D e f e n d a n t s ' r e t a i n e r w a s m o r e 

e x t e n s i v e t h a n t h a t p l e a d e d i n P a r a g r a p h 

4 o f t h e A m e n d e d D e f e n c e . I f t h e a n s w e r 

i s a f f i r m a t i v e , p l e a s e p r o v i d e t h e 

f u r t h e r p a r t i c u l a r s s o u g h t i n t h e t w o 

f o l l o w i n g p a r a g r a p h s . 

2 . P l e a s e i d e n t i f y w h e n a n d b y w h o m t h e 

F o u r t h D e f e n d a n t s w e r e a l l e g e d l y s o 

r e t a i n e d a n d w h e t h e r o r a l l y o r i n 

w r i t i n g . I f o r a l l y , p l e a s e s t a t e w h e r e 

b e t w e e n w h o m a n d i n w h o s e p r e s e n c e s u c h a 

r e t a i n e r w a s a l l e g e d l y a g r e e d , a n d s e t 

-2-

o u t t h e g i s t o f t h e w o r d s u s e d . I f i n 

w r i t i n g p l e a s e i d e n t i f y e a c h a n d e v e r y 

d o c u m e n t t o b e r e l i e d o n . 

P l e a s e s t a t e s o t h a t t h e F o u r t h D e f e n d a n t 

m a y k n o w t h e c a s e i t i s r e q u i r e d t o m e e t 

w h e t h e r i t i s a l l e g e d t h a t t h e s c o p e o f 

t h e F o u r t h D e f e n d a n t s ' r e s p o n s i b i l i t i e s 

e x t e n d e d b e y o n d t h e s t r u c t u r e o f t h e 

s t a d i u m . I f a f f i r m a t i v e , p l e a s e i d e n t i f y 

t h e e x a c t s c o p e o f t h e a l l e g e d r e t a i n e r , 

a n d i d e n t i f y a l l f a c t s a n d m a t t e r s o t h e r 

t h a n t h o s e p l e a d e d i n r e s p o n s e t o t h e 

p r e v i o u s r e q u e s t , o n w h i c h t h e P l a i n t i f f 

i n t e n d s t o r e l y . 

P l e a s e i d e n t i f y a l l t h o s e w o r k s w h i c h t h e 

P l a i n t i f f s a l l e g e a r e r e l e v a n t t o t h e 

i s s u e s i n t h i s a c t i o n a n d w h i c h i t w i l l 

b e a l l e g e d t h a t t h e F o u r t h D e f e n d a n t : 

( i ) d e s i g n e d 

( i i ) a d v i s e d 

( i i i ) a p p r o v e d t h e c a r r y i n g o u t o f . 

R E P L Y 

T h e d u t i e s o f t h e F o u r t h D e f e n d a n t w e r e 

-3-

a s f o l l o w s : 

( a ) T o a c t o n b e h a l f o f t h e C l u b i n 

i t s d e a l i n g s w i t h t h e l o c a l 

a u t h o r i t y i n r e l a t i o n t q _ t h e 

g r o u n d b e i n g d e s i g n a t e d u n d e r 

S a f e t y a t S p o r t s G r o u n d s A c t 

1 9 7 5 n o t e C l u b l e t t e r 1 .1 2 .7 8 . 

(b) T o c o m p l y w i t h t h e N o t e s f o r 

G u i d a n c e i s s u e d b y t h e l o c a l 

a u t h o r i t y d a t e d A p r i l 1976. 

(c) T o r e p r e s e n t t h e C l u b a t 

m e e t i n g s o f t h e O f f i c e r W o r k i n g 

P a r t y u n d e r S a f e t y a t S p o r t s 

G r o u n d s A c t 1 9 7 5 e .g . on 

1 3 .1 2 .7 8 , 2 .4 .7 9 , 1 8 .4 .7 9 , 

1 2 .1 1 .7 9 , 1 8 .1 2 .7 9 , 4 . 2 .8 2 , 

2 3 .1 .8 5 , and 7 .8 .8 5 . 

(d) T o s u p p l y a n n u a l C e r t i f i c a t e s 

o f C o m p l i a n c e o r n o n - c o m p l i a n c e 

w i t h p r o p e r p r a c t i c e a n d t h e 

G r e e n G u i d e o f a l l s t r u c t u r a l 

p a r t s o f t h e s t a d i u m u n d e r 

S c h e d u l e 2 P a r a g r a p h 2 4 o f t h e 

G e n e r a l 

S a f e t y C e r t i f i c a t e 

d a t e d 2 1 .1 2 .7 9 e .g . on 1 1 . 9 . 8 0 , 

1 .1 0 . 8 1 , 8 . 9 . 8 2 , 2 9 .8 . 8 3 , and 

-4-

2 .8.88. 

(e) T o t e s t a n d r e p o r t o n c r u s h 

b a r r i e r s u n d e r S c h e d u l e 2 

p a r a g r a p h 2 5 o f t h e S a f e t y 

C e r t i f i c a t e e .g . on 2 .8 .8 8 . 

( f ) T o m a k e a c o m p r e h e n s i v e s u r v e y 

r e p o r t o n m a t t e r s r e l a t i n g t o 

t h e S a f e t y a t S p o r t s G r o u n d s 

A c t e .g . on 1 2 .1 .7 9 . 

(g) T o u s e t h e G r e e n G u i d e a s a n 

a i d t o p r o f e s s i o n a l j u d g m e n t 

a n d com m on s e n s e . 

( h ) T o c o n s i d e r a n d a d v i s e u p o n t h e 

e f f e c t o f t h e i n t r o d u c t i o n o f 

r a d i a l f e n c e s i n c l u d i n g g a t e s 

e .g . on 2 . 9 . 8 1 , 2 0 .4 .8 5 , 

2 7 . 6 . 8 5 , 8 . 5 . 8 5 , and 1 4 .5 .8 5 . 

( i ) T o d e s i g n d e t a i l s o f f e n c e s 

e .g . on 2 5 .7 . 8 5 . 

( j ) T o a d v i s e a n d m a k e p r o p o s a l s 

a n d d e s i g n s f o r t h e l a y o u t o f 

t h e t u r n s t i l e s a n d t e r r a c e s 

e .g . b y d r a w i n g s n u m b e r e d 

3 5 6 3 /1 /2 ; 6 7 0 5 / 1 / 2 / 3 / 4 / 5 / 6 / 8 . 

-5-

T o a d v i s e a n d m a k e p r o p o s a l s 

a n d d e s i g n s f o r t h e a l t e r a t i o n s 

t o b a r r i e r s e . g . on 1 .1 0 .8 6 ; 

a n d t o g a t e r e l e a s e d e v i c e s 

e .g . on 18 . 8 .8 7 . 

T o a d v i s e a n d s u p p l y 

i n f o r m a t i o n a b o u t t h e e s t i m a t e d 

s p e c t a t o r c a p a c i t y o f e a c h 

s e p a r a t e a r e a f o r s p e c t a t o r 

s t a n d i n g u n d e r N o t e 4 o f t h e 

A p r i l 1976 N o t e s f o r G u i d a n c e 

a n d S a f e t y a t S p o r t s G r o u n d s 

A c t 1975 S e c t i o n 2 (2 ) a s 

r e c o m m e n d e d b y Hom e O f f i c e 

C i r c u l a r 7 1 / 1 9 8 7 d a t e d 2 5 .1 1 .8 7 

A n n e x 6 e .g . on 1 2 .1 .7 9 , 

1 7 . 1 . 7 9 , 2 6 . 2 . 8 7 , 2 .3 .8 7 a n d 

d r a w i n g s a b o u t t e s t i n g o f c r u s h 

b a r r i e r s d e l i v e r e d o n 2 .8 .8 8 . 

T o a d v i s e t h e C l u b i n r e l a t i o n 

t o t h e F o o t b a l l L e a g u e ' s 

p r o p o s a l s t o i m p l e m e n t 

m e m b e r s h i p s c h e m e s , i n c l u d i n g 

t h e a s s o c i a t e d p r o p o s a l s f o r 

t h e p r e p a r a t i o n o f a L o c a l P l a n 

f o r d e a l i n g w i t h c r o w d c o n t r o l 

b e f o r e , d u r i n g a n d a f t e r 

m a t c h e s . S e e C l u b l e t t e r o f 

1 0 .3 .8 7 e n c l o s i n g F o o t b a l l

L e a g u e l e t t e r o f 5 . 3 .8 7 a n d 

r e q u i r e m e n t s f o r L o c a l P l a n . 

( n ) T o r e v i e w a n d a d v i s e t h e C l u b 

t o a p p l y f o r a m e n d m e n t s t o t h e 

S a f e t y C e r t i f i c a t e t o t a K e a c c o u n t 

o f t h e i n t r o d u c t i o n o f r a d i a l 

b a r r i e r s a n d t h e r e m o v a l o f 

b a r r i e r s e .g . w h e n i s s u i n g h i s 

a n n u a l C e r t i f i c a t e . 

( o ) T o d o t h e j o b s l i s t e d o n p a g e s 

1 - 3 i n t h e e x h i b i t s t o t h e 

s t a t e m e n t o f D r . E a s t w o o d t o 

T h e T a y l o r E n q u i r y . 

( p ) T o w o r k w i t h t h e c a r e a n d s k i l l 

o f a n e n g i n e e r s p e c i a l l y 

e x p e r i e n c e d i n t h e s a f e t y 

r e q u i r e m e n t s o f s p o r t s s t a d i a . 

( q ) F u r t h e r p a r t i c u l a r s w i l l b e 

g i v e n i f n e c e s s a r y a f t e r 

d i s c o v e r y . 

( r ) T h e d u t i e s w e r e o w e d t o t h e 

C l u b b y c o n t r a c t a n d t o 

v i s i t o r s i n t o r t . 

T h e d a t e s g i v e n a b o v e a r e m a i n l y o f 

d o c u m e n t s w h i c h r e f e r t o p e r f o r m a n c e o f 

t h e v a r i o u s d u t i e s . W h e r e t h e i n s t r u c t i o n s 

f o r t h e w o r k a r e n o t s e l f - e v i d e n t f r o m t h e 

-7-

d o c u m e n t , t h e n t h e C h i e f C o n s t a b l e i n f e r s 

t h a t t h e i n s t r u c t i o n s w e r e g i v e n o r a l l y 

o r i n w r i t i n g b u t i s n o t a b l e t o i d e n t i f y 

t h e m . 

A s a b o v e . - 

( 1 ) R a d i a l f e n c e s . D e s i g n e d a d v i s e d 

a n d a p p r o v e d . 

R e m o v a l o f b a r r i e r 1 4 4 o r d e r e d 

a n d a p p r o v e d . 

( 3 ) 

G a t e r e l e a s e d e v i c e s d e s i g n e d 

a d v i s e d a n d a p p r o v e d . 

( 4 ) 

W i d t h o f g a t e s i n p e r i m e t e r 

f e n c e s . D e s i g n e d a n d a d v i s e d 

i n p a r t a n d a p p r o v e d a l l . 

( 5 ) 

L a y o u t o f t u r n s t i l e s a p p r o v e d 

i . e . c e r t i f i e d s a f e b y a n n u a l 

C e r t i f i c a t e 

n o t w i t h s t a n d i n g 

i n t r o d u c t i o n o f r a d i a l f e n c e s 

a n d r e m o v a l o f b a r r i e r 144. 

G a t e s i n p e r i m e t e r f e n c e s w h i c h 

c o u l d n o t b e o p e n e d f r o m t h e 

i n s i d e . A p p r o v e d b y a n n u a l 

C e r t i f i c a t e . 

( 7 ) C a g e s f o r m e d b y r a d i a l a n d 

p e r i m e t e r f e n c e s w i t h n o 

e m e r g e n c y e x i t r o u t e f o r p e o p l e 

-8-

a t t h e f r o n t . A p p r o v e d b y 

a n n u a l C e r t i f i c a t e . 

(8) Inadequate sign posts. 

A p p r o v e d b y a n n u a l C e r t i f i c a t e . 

( 9 ) T e s t i n g o f b a r r i e r s . D e s i g n e d 

a d v i s e d a n d a p p r o v e d s y s t e m . 

(10) G a p s b e t w e e n b a r r i e r s . 

D e s i g n e d i n p a r t a n d a p p r o v e d 

a l l . 

(1 1 ) H e i g h t o f b a r r i e r s . A p p r o v e d . 

U n d e r P a r a g r a p h 7 o f t h e A m e n d e d ' S t a t e m e n t o f C l a i m a s 

a d o p t e d i n t h e S e c o n d T h i r d P a r t y N o t i c e 

O f " H e ( t h e D e c e a s e d ) w a s a t a l l m a t e r i a l t i m e s o n t h e 

s t a n d i n g t e r r a c e a t t h e L e p p i n g s L a n e e n d o f t h e g r o u n d 

( h e r e i n a f t e r r e f e r r e d t o a s t h e W e s t T e r r a c e ) i n t h e 

a r e a k n o w n a s p e n t h r e e " 

R E Q U E S T 

5 . P l e a s e i d e n t i f y s o f a r a s p o s s i b l e a n d 

w i t h r e f e r e n c e t o a p l a n o r s o m e o t h e r 

c o n v e n i e n t 

m e t h o d p r e c i s e l y w h e r e t h e 

D e c e a s e d w a s s t a n d i n g a t a l l s u c h t i m e s . 

R E P L Y 

5 . H i s w h e r e a b o u t s a r e n o t ~ k n o w n a t p r e s e n t . 

-9-

Under Paragraph 10 (Particulars of Negligence of the 

F o u r t h D e f e n d a n t s t h e i r S e r v a n t s o r A g e n t s ) o f t h e 

A m e n d e d S t a t e m e n t o f C l a i m a s A d o p t e d i n t h e S e c o n d 

T h i r d 

P a r t y N o t i c e 

O f "(a) F a i l e d a s t h e S e c o n d D e f e n d a n t ' s S a f e t y 

C o n s u l t a n t t o a d v i s e a g a i n s t t h e e r e c t i o n o f r a d i a l 

f e n c e s w i t h o u t t h e i n s t a l l a t i o n o f s e p a r a t e t u r n s t i l e s 

t o e a c h p e n c r e a t e d t h e r e b y " 

REQUEST 

6 . P l e a s e s t a t e w h e t h e r t h e u s e o f t h e t e r m 

" t h e S e c o n d D e f e n d a n t ' s S a f e t y 

C o n s u l t a n t " i s i n t e n d e d t o i n c o r p o r a t e a n 

a l l e g a t i o n t h a t t h e F o u r t h D e f e n d a n t s 

w e r e a t a n y m a t e r i a l t i m e a c t i n g i n a 

c a p a c i t y d i f f e r e n t f r o m t h a t a l l e g e d i n 

P a r a g r a p h 4 o f t h e A m e n d e d S t a t e m e n t o f 

C l a i m a s f u r t h e r p a r t i c u l a r i s e d i n a n s w e r 

t o t h e p r e c e d i n g r e q u e s t s n u m b e r e d 1 , 2, 

3 a n d 4 h e r e i n . I f a f f i r m a t i v e , p l e a s e 

i d e n t i f y t h e p r e c i s e a l l e g e d s c o p e o f t h e 

F o u r t h D e f e n d a n t s ' a l l e g e d d u t i e s a s 

S a f e t y C o n s u l t a n t , i n d i c a t i n g i n e a c h 

c a s e t h e f u l l d e t a i l s o f t h e a l l e g e d 

r e t a i n e r g i v i n g r i s e t o s u c h d u t y . 

7 . P l e a s e p a r t i c u l a r i s e p r e c i s e l y w h e n i t i s 

-10-

a l l e g e d t h a t s u c h a d v i c e s h o u l d h a v e b e e n 

g i v e n a n d t o w h o m . 

REPLY 

6 . 

P l e a s e s e e P a r a g r a p h 2 0 6 i n t h e G r e e n 

G u i d e . T h e F o u r t h D e f e n d a n t o u g h t t o 

h a v e r e p o r t e d o r a d v i s e d i n h i s a n n u a l 

C e r t i f i c a t e 

( 1 ) T h a t e a c h s u b - d i v i s i o n o f t h e 

t e r r a c e s h o u l d b e s e r v i c e d b y 

i t s o w n e n t r a n c e / e x i t a n d t h a t 

t h e r e w e r e n o t s u f f i c i e n t e x i t s 

f o r u s e i n a n e m e r g e n c y . 

( 2 ) T h a t t h e i n t r o d u c t i o n o f r a d i a l 

f e n c e s h a d c a u s e d a s i g n i f i c a n t 

c h a n g e i n t h e a v a i l a b i l i t y o f 

e x i t s s i n c e h e h a d r e p o r t e d o n 

1 2 .1 .7 9 t h a t t h e l a c k o f 

g a n g w a y s a n d e x c e s s i v e d i s t a n c e 

t o e x i t s w a s " o f n o c o n s e q u e n c e 

a s m o v e m e n t a l o n g t h i s t e r r a c e 

w i l l b e e a s y a n d q u i c k " t h e 

F o u r t h D e f e n d a n t o u g h t t o h a v e 

a d v i s e d i n h i s a n n u a l 

C e r t i f i c a t e t h a t a f t e r t h e 

i n s t a l l a t i o n o f r a d i a l f e n c e s 

t h e e x c e s s i v e d i s t a n c e t o e x i t s 

-11-

w a s n o w u n s a f e a n d t h a t g a n g w a y s 

w e r e r e q u i r e d . 

7 . A s a b o v e . 

O f "(b) F a i l e d w h e n t h e i r o w n p l a n s f o r n e w t u r n s t i l e s 

h a d b e e n a b a n d o n e d , t o a d v i s e t h e S e c o n d D e f e n d a n t s o f 

t h e n e c e s s i t y t o r e m o v e t h e r a d i a l f e n c e s " 

REQUEST 

P l e a s e i d e n t i f y e a c h a n d e v e r y f e n c e t h e 

r e m o v a l o f w h i c h i t i s a l l e g e d t h a t t h e 

F o u r t h D e f e n d a n t s h o u l d h a v e a d v i s e d . 

P l e a s e p a r t i c u l a r i s e e a c h a n d e v e r y f a c t 

a n d m a t t e r t o b e r e l i e d u p o n i n s u p p o r t 

o f t h e a l l e g a t i o n t h a t t h e r e m o v a l o f 

e a c h s u c h r a d i a l f e n c e w a s n e c e s s a r y . 

R E P L Y 

A l l o f t h e m u n t i l s e p a r a t e a c c e s s / e g r e s s 

w a s p r o v i d e d p l u s p r o p e r l y s i g n e d 

e m e r g e n c y e x i t s p l u s m e a n s o f c o n t r o l o f 

n u m b e r s . 

W i t h o u t s e p a r a t e a c c e s s / e g r e s s o r n u m b e r 

c o n t r o l t h e c o m b i n a t i o n o f r a d i a l a n d 

p e r i m e t e r f e n c e s w e r e a t r a p f o r 

e v e r y o n e e x c e p t t h o s e l a s t i n . T h i s 

w a s d a n g e r o u s i n a n e m e r g e n c y . 

- 1 2 -

O f "(c) A c c e p t e d a s s u r a n c e s t h a t t h e S e c o n d D e f e n d a n t s 

a n d t h e P o l i c e h a d a g r e e d a s y s t e m o f m o n i t o r i n g t h e 

n u m b e r s e n t e r i n g t h e p e n s a t t h e L e p p i n g s L a n e e n d , w h e n 

o n a p r o p e r a n a l y s i s , i t s h o u l d h a v e b e e n c l e a r t h a t n o 

s u c h s y s t e m c o u l d o p e r a t e e f f i c i e n t l y " 

R EQ U EST 

1 0 . P l e a s e p a r t i c u l a r i s e p r e c i s e l y w h a t t h e 

u s e o f t h e w o r d " e f f i c i e n t l y " i s i n t e n d e d 

t o s i g n i f y i n t h e c o n t e x t o f t h i s 

a l l e g a t i o n . 

1 1 . P l e a s e s t a t e w h e t h e r i t i s t h e 

P l a i n t i f f ' s c a s e t h a t t h e l a y o u t o f t h e 

L e p p i n g s L a n e e n d t e r r a c e s w i t h i t s p e n s 

w a s s u c h t h a t i t w a s i n c a p a b l e o f b e i n g 

p o l i c e d p r o p e r l y a n d s a f e l y . I f 

a f f i r m a t i v e , p l e a s e p a r t i c u l a r i s e e a c h 

a n d e v e r y f a c t a n d m a t t e r r e l i e d u p o n . 

I f n e g a t i v e ; 

( 1 ) P l e a s e p a r t i c u l a r i s e p r e c i s e l y 

w h a t a l l e g e d l y s h o u l d h a v e b e e n 

c l e a r u p o n p r o p e r a n a l y s i s . 

( 2 ) P l e a s e s t a t e h o w i t i s a l l e g e d 

t h a t t h e m a t t e r s c o m p l a i n e d o f 

-13-

caused the death of the 

Deceased. 

12. 

P l e a s e s t a t e w h e t h e r i t i s a l l e g e d t h a t 

t h e F o u r t h D e f e n d a n t s s h o u l d h a v e b e e n 

a w a r e o f t h e m a t t e r s p a r t i c u l a r i s e d i n 

a n s w e r t o t h e p r e c e d i n g r e q u e s t ( 1 ) h a d 

t h e y c a r r i e d o u t a p r o p e r a n a l y s i s o r ( 2 ) 

i n a n y e v e n t . I n e i t h e r c a s e , p l e a s e 

p r o v i d e f u l l p a r t i c u l a r s o f e a c h a n d 

I 

e v e r y f a c t a n d m a t t e r r e l i e d u p o n i n 

s u p p o r t t h e r e o f . 

1 3 . 

I f i n a n s w e r t o t h e p r e v i o u s r e q u e s t , i t 

i s a l l e g e d t h a t t h e F o u r t h D e f e n d a n t s 

s h o u l d h a v e b e e n a w a r e o f s u c h m a t t e r s 

a f t e r p r o p e r a n a l y s i s : 

( 1 ) P l e a s e p a r t i c u l a r i s e a l l 

m a t t e r s r e l i e d u p o n i n s u p p o r t 

o f t h e a l l e g a t i o n t h a t t h e y 

w e r e u n d e r a d u t y t o c a r r y o u t 

s u c h a n a n a l y s i s . 

( 2 ) P l e a s e p a r t i c u l a r i s e p r e c i s e l y 

w h a t i t i s a l l e g e d w o u l d h a v e 

c o n s t i t u t e d a p r o p e r a n a l y s i s . 

R E P L Y 

-14-

T h e p l e a d i n g m e a n s t h a t t h e s y s t e m c o u l d 

n o t w o r k i . e . i t w a s t o o d i f f i c u l t b y 

o b s e r v a t i o n t o m a k e a r e l i a b l e c o u n t o f 

t h e n u m b e r s w h e n t h e r e w a s a b i g c r o w d . 

T h e c o m b i n a t i o n o f d e f e c t s i n t h e l a y o u t 

o f t h e t u r n s t i l e s , p e n s a n d f e n c e s c o u l d 

n o t b e p o l i c e d s a f e l y w h e n t h e r e w a s a 

l a r g e c r o w d . T h e d e f e c t s i n c l u d e d t o o 

f e w t u r n s t i l e s , n o s e p a r a t e a c c e s s t o 

e a c h s u b - d i v i s i o n o f t h e t e r r a c e , n o 

p r a c t i c a b l e m e a n s o f c o n t r o l t o p r e v e n t 

o v e r c r o w d i n g , n o a d e q u a t e s i g n s , n o 

e m e r g e n c y e x i t s e x c e p t a t t h e b a c k o f t h e 

p e n s , n o e m e r g e n c y e x i t s i g n s , g a p s 

b e t w e e n c r u s h b a r r i e r s t o o w i d e a n d 

b a r r i e r 1 2 4 a l i a b l e t o b e o v e r - l o a d e d . 

T h e s e d e f e c t s c a u s e d t h e o v e r c r o w d i n g 

a n d t h e d e a t h o f M r . C h a p m a n . 

Y e s t h e F o u r t h D e f e n d a n t s h o u l d h a v e b e e n 

a w a r e o f a l l t h e a b o v e d e f e c t s a n d 

a d v i s e d a n d r e p o r t e d a c c o r d i n g l y a t l e a s t 

o n t h e o c c a s i o n o f h i s a n n u a l C e r t i f i c a t e s . 

( 1 ) T h e d u t y t o a d v i s e o n t h e 

d e f e c t s w a s i n c l u d e d i n t h e 

d u t i e s o f t h e F o u r t h D e f e n d a n t 

u n d e r P a r a g r a p h 1 .

( 2 ) T h e p r o p e r a n a l y s i s w a s t h a t 

w i t h t h e c o m b i n a t i o n o f d e f e c t s 

t h e m o n i t o r i n g s y s t e m w o u l d n o t 

w o r k . 

O f 

" (d) 

R e g a r d e d t h e p e n s f o r m e d b y t h e r a d i a l f e n c e s 

a s s t i l l 

c o n s t i t u t i n g o n e i n d i v i d u a l t e r r a c e " 

R E Q U E S T 

1 4 . 

P l e a s e i d e n t i f y p r e c i s e l y h o w i t i s 

a l l e g e d t h a t s u c h a n a p p r o a c h a f f e c t e d 

t h e c o n d u c t o f t h e F o u r t h D e f e n d a n t s 

a n d / o r c a u s e d o r c o n t r i b u t e d t o t h e a c t s 

a n d o m i s s i o n s a l l e g e d a g a i n s t t h e m . 

1 5 . 

P l e a s e p a r t i c u l a r i s e p r e c i s e l y h o w i t i s 

a l l e g e d t h a t t h e F o u r t h D e f e n d a n t s s h o u l d 

h a v e r e g a r d e d t h e s e p e n s . 

1 6 . 

P l e a s e s t a t e h o w i t i s a l l e g e d t h a t t h i s 

a l l e g e d b r e a c h c a u s e d t h e d e a t h o f t h e 

D e c e a s e d . 

R E P L Y 

14 . 

T h e a p p r o a c h c a u s e d t h e F o u r t h D e f e n d a n t 

t o m a k e t h e f o l l o w i n g s e r i o u s m i s t a k e s : 

( i ) F a i l i n g t o a d v i s e u p o n t h e n e e d 

-16-

f o r a m e n d m e n t t o t h e S a f e t y 


(ii) 

F a i l i n g t o h e e d t h e c h a n g e i n 

d i s t a n c e t o e x i t s c a u s e d b y 

t h e i n t r o d u c t i o n o f r a d i a l 

f e n c e s . 

(iii) 

F a i l i n g t o a d v i s e u p o n t h e 

d a n g e r o f o v e r c r o w d i n g b y l a c k 

o f s e p a r a t e a c c e s s t o s e p a r a t e 

p e n s . 

(iv) 

F a i l i n g t o a d v i s e u p o n t h e 

n e e d f o r s i g n s . 

( v ) 

F a i l i n g t o a d v i s e o n t h e n e e d 

f o r e m e r g e n c y e x i t s w h i c h c o u l d 

b e o p e n e d f r o m t h e i n s i d e . 

( v i) 

F a i l i n g t o a d v i s e o n t h e n e e d 

f o r e m e r g e n c y e x i t s i g n s . 

( v i i ) 

F a i l i n g t o a d v i s e t h a t i f 

s e p a r a t e t u r n s t i l e s w e r e n o t 

p r o v i d e d t h e n s o m e o t h e r f a i l 

s a f e m e a n s o f c r o w d n u m b e r 

c o n t r o l w a s r e q u i r e d . 

(viii) 

F a i l i n g t o a d v i s e p r o p e r l y o n 

t h e s a f e n u m b e r s o f s p e c t a t o r s 

w h o c o u l d b e a d m i t t e d t o e a c h 

p e n . 

-17-

1 5 . D a n g e r o u s t r a p s . 

1 6 . M r . C h a p m a n d i e d b e c a u s e t h e r e w a s n o 

e m e r g e n c y e x i t a v a i l a b l e t o h i m , n o m e a n s 

o f e s c a p e , n o c o n t r o l o v e r n u m b e r s , 

i n a d e q u a t e s i g n i n g , n o t e n o u g h t u r n s t i l e s , 

t o o w i d e g a p s b e t w e e n b a r r i e r s , n o b a r r i e r 

1 4 4 a n d b a r r i e r 1 2 4 a w a s t o o w e a k a n d 

e x p o s e d . 

O f " (e ) F a i l e d t o a d v i s e a g a i n s t t h e r e m o v a l o f b a r r i e r 

1 4 4 a n d f a i l e d t o w a r n t h e S e c o n d D e f e n d a n t s , t h e 

O f f i c e r W o r k i n g P a r t y a n d / o r t h e T h i r d D e f e n d a n t s o f 

t h e d a n g e r s t h e r e o f " 

R E Q U E S T 

1 7 . P l e a s e p a r t i c u l a r i s e w h e n i t i s a l l e g e d 

t h a t t h e F o u r t h D e f e n d a n t s - s h o u l d s o h a v e 

w a r n e d : 

( 1 ) t h e S e c o n d D e f e n d a n t s 

( i i ) t h e O f f i c e r W o r k i n g P a r t y 

v 

( i i i ) t h e T h i r d D e f e n d a n t s . 

1 8 . P l e a s e s t a t e w h e t h e r i t i s a l l e g e d t h a t 

t h e a d v i c e o f t h e F o u r t h D e f e n d a n t s w a s 

s o u g h t b y ( 1 ) t h e O f f i c e r W o r k i n g P a r t y 

( 2 ) t h e T h i r d D e f e n d a n t s . 

1 9 . I f t h e a n s w e r t o e i t h e r o r b o t h p a r t s o f 

-18-

t h e p r e c e d i n g r e q u e s t i s i n t h e 

a f f i r m a t i v e , p l e a s e p a r t i c u l a r i s e w h e n 

w h e r e b y w hom t o w hom a n d h o w s u c h 

r e q u e s t w a s i n e a c h c a s e m a d e . 

20. 

I f t h e a n s w e r t o e i t h e r o r b o t h p a r t s o f 

t h e r e q u e s t n u m b e r e d 1 8 i s i n t h e 

n e g a t i v e , p l e a s e i d e n t i f y i n e a c h c a s e 

t h e b a s i s o n w h i c h i t i s a l l e g e d t h a t t h e 

F o u r t h D e f e n d a n t s w e r e u n d e r a d u t y t o 

v o l u n t e e r s u c h a d v i c e . 

21. 

P l e a s e p a r t i c u l a r i s e t o w hom a n d w h e n i t 

i s a l l e g e d t h a t t h e F o u r t h D e f e n d a n t 

s h o u l d h a v e g i v e n a d v i s e u p o n t h e r e m o v a l 

o f b a r r i e r 144. 

22. 

P l e a s e p a r t i c u l a r i s e e a c h a n d e v e r y 

a l l e g e d d a n g e r o f t h e r e m o v a l o f t h e s a i d 

b a r r i e r . 

2 3 . 

P l e a s e s t a t e w h e t h e r i t i s t h e 

P l a i n t i f f ' s c a s e t h a t t h e r e m o v a l o f t h e 

s a i d b a r r i e r c a u s e d t h e D e c e a s e d ' s d e a t h . 

I f a f f i r m a t i v e p l e a s e s t a t e h o w i t i s 

a l l e g e d t h a t s u c h r e m o v a l w a s c a u s a t i v e 

o f t h e d e a t h o f t h e D e c e a s e d i d e n t i f y i n g 

e a c h a n d e v e r y f a c t r e l i e d u p o n i n 


-19-

REPLY 

17. (1) By letter 1.10.86. 

( 2 ) A t t h e n e x t m e e t i n g . 

( 3 ) I n t h e a n n u a l C e r t i f i c a t e e .g . 

on 2 . 8 . 8 8 . 

1 8 . N o t k n o w n . 

1 9 . A s a b o v e . 

2 0 . A s a b o v e . 

2 1 . A s i n 1 7 . 

2 2 . T h e r e m o v a l o f b a r r i e r 1 4 4 c o n t r i b u t e d t o 

t h e c o l l a p s e o f 1 2 4 a b y d i a g o n a l p r e s s u r e 

o f t h e c r o w d f r o m t h e t u n n e l m o u t h 

d o w n w a r d u n b r o k e n b y a n y i n t e r v e n i n g 

b a r r i e r . 

2 3 . Y e s t h e r e m o v a l o f b a r r i e r 1 4 4 

c o n t r i b u t e d t o t h e d e a t h o f M r . C h a p m a n 

b y u n c o n t r o l l e d m o v e m e n t o f t h e c r o w d . 

O f ” ( f ) G a t e s w h i c h w e r e t o o s m a l l t o b e e x i t g a t e s i n 

b r e a c h o f t h e G r e e n G u i d e a n d / o r f a i l e d p r o p e r l y t o 

a d v i s e t h e S e c o n d D e f e n d a n t s a s t o t h e f a i l i n g s o f t h e 

-20-

gates" 

REQUEST 

24. 

Please identify the Edition and 

paragraphs of the Green Guide relied 

upon. 

25. 

Please particularise each and every 

alleged failing at the gates. 

26. 

Please particularise precisely what 

advice it is alleged that the Fourth 

Defendants (i) gave and (ii) should have 

given. 

27. 

Please particularise precisely how it is 

alleged (if at all) that the alleged 

breach of duty on the part of the Fourth 

Defendants caused the death of the 

Deceased. 

REPLY 

24. 

N e w E d i t i o n 1 9 8 6 p a r a g r a p h s 178, 179, 

186, 53, 2 9 ( x i i i ) , ( x i v ) , ( x v ) , 66, 67, 

206, 214, 2 1 5 . 

25. 

T h e g a t e s c o u l d n o t b e o p e n e d f r o m th e ^ 

i n s i d e o r w i t h o u t o u t s i d e a s s i s t a n c e ; 

-21-

t h e r e w e r e n o t e n o u g h g a t e s ; t h e y w e r e 

t o o s m a l l i . e . G a t e 3 . 8 2 m e t r e s a n d G a t e 

4 . 7 9 m e t r e s i n s t e a d o f 1 . 1 m e t r e s ; t h e y 

w e r e n o t s i g n e d ; t h e y c o u l d n o t b e u s e d 

i n a n e m e r g e n c y b y t h e p e o p l e w h o w a n t e d 

t o e s c a p e . 

2 6 . ( i ) T h e F o u r t h D e f e n d a n t a p p r o v e d 

t h e g a t e s a n n u a l l y i . e . a d v i s e d 

t h a t t h e y w e r e sa fe . 

( i i ) T h e F o u r t h D e f e n d a n t s h o u l d 

h a v e a d v i s e d a n d r e p o r t e d t h a t 

t h e g a t e s w e r e d a n g e r o u s a n d 

d i d n o t c o m p l y w i t h t h e G r e e n 

G u i d e a n d w e r e a t r a p . 

2 7 . M r . C h a p m a n d i e d b e c a u s e i n t h e e m e r g e n c y 

n o o n e i n t h e c r o w d w a s a b l e t o o p e n t h e 

g a t e , a n d i t w a s t o o s m a l l , a n d t h e r e w a s 

o n l y o n e g a t e , a n d i t w a s t h e j o b o f t h e 

F o u r t h D e f e n d a n t t o t h i n k o f t h e s e t h i n g s 

a n d g i v e a d v i c e a n d h e h a d n o t d o n e s o . 

O f " (g) F a i l e d p r o p e r l y t o t e s t t h e c r u s h b a r r i e r s i n 

p e n t h r e e t o e n s u r e t h a t t h e y w e r e o f a d e q u a t e s t r e n g t h 

a n d / o r f a i l e d t o a d v i s e t h e S e c o n d D e f e n d a n t o f t h e 

w e a k n e s s e s i n t h e b a r r i e r w h i c h c o l l a p s e d ; ” 

R E Q U E S T 

-22-


P l a i n t i f f ' s c a s e t h a t B a r r i e r 1 2 4 f a i l e d 

u n d e r a l o a d w h i c h w a s l e s s t h a n : 

( 1 ) t h e d e s i g n l o a d ( n a m e l y 5 KN 

p e r m e t r e w i d t h ) ; 

( 2 ) t h e t e s t l o a d ( n a m e l y 6 KN p e r 

m e t r e w i d t h ) . 

I f t h e a n s w e r t o e i t h e r o r b o t h o f t h e 

p r e c e d i n g r e q u e s t s i s i n t h e a f f i r m a t i v e , 

p l e a s e s p e c i f y t h e l o a d a t w h i c h i t i s 

a l l e g e d t h a t i t d i d c o l l a p s e , g i v i n g f u l l 

p a r t i c u l a r s o f a l l m a t t e r s r e l i e d u p o n . 

P l e a s e i d e n t i f y w h a t i t i s a l l e g e d w o u l d 

h a v e a m o u n t e d t o a p r o p e r t e s t . 


r e s p e c t i n w h i c h i t i s a l l e g e d t h a t t h e 

t e s t i n g b y t h e F o u r t h D e f e n d a n t o f t h e 

b a r r i e r w h i c h c o l l a p s e d f e l l s h o r t o f 

s u c h a p r o p e r t e s t . 

Please particularise what difference it 

is alleged that such a proper test would 

have made. 

-23-


a l l e g e d w e a k n e s s i n t h e b a r r i e r w h i c h 

c o l l a p s e d o f w h i c h i t i s a l l e g e d t h a t t h e 

F o u r t h D e f e n d a n t s h o u l d h a v e a d v i s e d t h e 

S e c o n d D e f e n d a n t . 

REPLY 

28. ( 

) a n d ( 2 ) 

I t m a y b e p o s s i b l e t o g i v e t h e s e 

p a r t i c u l a r s a f t e r t e s t s i n w h i c h t h e 

F o u r t h D e f e n d a n t i s i n v i t e d t o j o i n . 

29. 

A s a b o v e . 

30. 

A s s e t o u t i n t h e G r e e n G u i d e a n n e x C . 

( a ) T e s t e a c h s e c t i o n o f b a r r i e r o n e 

a t a t i m e , t h e n t w o s e c t i o n s 

t o g e t h e r , t h e n t h r e e s e c t i o n s 

t o g e t h e r . 

( b ) m e a s u r e e a c h d e f l e c t i o n f r o m 

t h e s a m e s t a r t i n g p o i n t . 

31. 

T h e F o u r t h D e f e n d a n t w r o n g l y 

( a ) t e s t e d t w o s e c t i o n s o f b a r r i e r 

a t t h e s a m e t i m e a n d 

-24-

( b ) m e a s u r e d e a c h d e f l e c t i o n f r o m 

t h e l a s t r e s u l t . 

3 2 . A p r o p e r t e s t w o u l d h a v e d i s c o v e r e d ^ t h a t 

b a r r i e r 1 2 4 a w a s t o o w e a k o r a t l e a s t 

w o u l d h a v e g i v e n t h e c h a n c e t o m a k e t h a t 

d i s c o v e r y . 

3 3 . T h a t i t f a i l e d t h e t e s t i . e . b o t h h i s ow n 

a n d t h e o n e w h i c h s h o u l d h a v e b e e n d o n e . 

O f "(h) F a i l e d t o a d v i s e t h e S e c o n d D e f e n d a n t s t h a t t h e 

e x i s t i n g t u r n s t i l e f a c i l i t i e s a t t h e L e p p i n g s L a n e e n d 

w e r e i n a d e q u a t e t o a c c o m m o d a t e a c r o w d o f 24,000" 

R EQ U EST 

3 4 . P l e a s e s t a t e w h a t r a t e o f e n t r y p e r 

t u r n s t i l e s h o u l d h a v e b e e n t a k e n a s t h e 

l i k e l y a v e r a g e r a t e o f e n t r y a t t h e 

L e p p i n g s L a n e e n d . 

3 5 . P l e a s e s t a t e w h e t h e r i t i s a l l e g e d t h a t 

t h e F o u r t h D e f e n d a n t s ( 1 ) d i d k n o w o r ( 2 ) 

s h o u l d h a v e k n o w n t h a t s u c h w a s t h e 

l i k e l y r a t e o f e n t r y , i n e a c h c a s e g i v i n g 

f u l l p a r t i c u l a r s o f a l l f a c t s a n d m a t t e r s 

r e l i e d u p o n . 

-25-

36. 

P l e a s e s t a t e w h e t h e r i t i s a l l e g e d t h a t 

t h e F o u r t h D e f e n d a n t s ( 1 ) d i d k n o w o r ( 2 ) 

s h o u l d h a v e k n o w n t h a t t h e n u m b e r o f 

s p e c t a t o r s i n t e n d e d t o b e a d m i t t e d 

t h r o u g h t h e t u r n s t i l e s a t t h e L e p p i n g s 

L a n e e n d w a s 24,000 o r t h e r e a b o u t s , i n 

e a c h c a s e g i v i n g f u l l p a r t i c u l a r s o f a l l 

f a c t s a n d m a t t e r s r e l i e d u p o n . 

3 7 . 

P l e a s e p a r t i c u l a r i s e w h e n i t i s a l l e g e d 

t h a t t h e F o u r t h D e f e n d a n t s h o u l d h a v e 

g i v e n s u c h a d v i c e . 

3 8 . 


a n d m a t t e r r e l i e d u p o n i n s u p p o r t o f t h e 

a l l e g a t i o n t h a t t h e F o u r t h D e f e n d a n t w a s 

u n d e r a d u t y t o g i v e a d v i c e a s t o t h e 

a d e q u a c y o r o t h e r w i s e o f t h e e x i s t i n g 

t u r n s t i l e f a c i l i t i e s ( 1 ) g e n e r a l l y a n d 

( 2 ) s p e c i f i c a l l y f o r a c r o w d o f 24,000 . 

R E P L Y 

3 4 . 

M a x im u m 7 5 0 p e r h o u r p e r t u r h s t i l e . 

G r e e n G u i d e p a r a g r a p h 4 7 . 

3 5 . 

Y e s s e e t h e G r e e n G u i d e . 

3 6 . 

T h e F o u r t h D e f e n d a n t k n e w t h a t t h e 

L e p p i n g s L a n e e n d w a s t h e v i s i t o r s s t a n d 

-26-

a n d t h a t t h e g am e w a s l i k e l y t o a t t r a c t a 

f u l l h o u s e a n d t h a t t h i s m e a n t a b o u t 

24,000 v i s i t o r s . 

3 7 . R e g u l a r l y a n d w h e n h e w r o t e t h e a n n u a l 

C e r t i f i c a t e s . 

3 8 . T h e d u t y t o g i v e g e n e r a l a n d s p e c i f i c 

a d v i c e w a s i n c l u d e d i n t h e d u t i e s u n d e r 

p a r a g r a p h 1 i n c l u d i n g w h e n h e w r o t e t h e 

a n n u a l C e r t i f i c a t e s . 

O f " ( i ) F a i l e d t o a d v i s e t h e S e c o n d D e f e n d a n t s o f t h e i r 

f a i l u r e w i t h i n t h e g r o u n d t o s i g n c l e a r l y t h e e x i s t e n c e 

o f a n d t h e w a y t o p e n s o n e / t w o a n d s i x / s e v e n " 

REQ U EST 

3 9 . 

P l e a s e p a r t i c u l a r i s e w h a t a d v i c e i t i s 

a l l e g e d t h a t t h e F o u r t h D e f e n d a n t s h o u l d 

h a v e g i v e n . 

4 0 . 

P l e a s e p a r t i c u l a r i s e w h e n i t i s a l l e g e d 

t h a t s u c h a d v i c e s h o u l d h a v e b e e n g i v e n . 

41. 


a s p e c t o f t h e F o u r t h D e f e n d a n t ' s r e t a i n e r 

b y v i r t u e o f w h i c h i t i s a l l e g e d t h a t t h e 

F o u r t h D e f e n d a n t w a s u n d e r a d u t y t o g i v e 

s u c h a d v i c e . 

-27-

42. 

P l e a s e p a r t i c u l a r i s e p r e c i s e l y h o w i t i s 

a l l e g e d t h a t t h e a l l e g e d b r e a c h o f d u t y 

o n t h e p a r t o f t h e F o u r t h D e f e n d a n t s 

c a u s e d t h e d e a t h o f t h e D e c e a s e d . 

REPLY 

3 9 . 

I n t h e a b s e n c e o f s e p a r a t e a c c e s s / e g r e s s 

t o / f r o m e a c h s e p a r a t e a r e a o f p e n , m o r e 

c l e a r e r s i g n s w e r e r e q u i r e d t o s h o w t h e 

w a y t o t h e d i f f e r e n t p e n s . 

4 0 . 

R e g u l a r l y a n d w h e n h e g a v e t h e a n n u a l 


4 1 . 

P l e a s e s e e t h e G r e e n G u i d e p a r a g r a p h 5 7 . 

T h i s w a s p a r t o f t h e j o b u n d e r P a r a g r a p h 

1 a b o v e . 

4 2 . 

I f t h e r e h a d b e e n p r o p e r s i g n s t h e n w h e n 

t h e c r o w d c a m e t h r o u g h t h e t u r n s t i l e s a n d 

G a t e C t h e p e o p l e w o u l d h a v e s p r e a d o u t 

i n s t e a d o f a l l g o i n g i n t o t h e t u n n e l a n d 

p e n s t h r e e a n d f o u r . T h e l a c k o f s i g n s 

c o n t r i b u t e d t o t h e d e a t h o f M r . C h a p m a n 

b y o v e r c r o w d i n g i n t h o s e p e n s . 

O f " ( j ) ( i ) 

F a i l e d t o r e c o g n i s e t h e n e e d t o p r o v i d e a 

s u f f i c i e n t 

m e a n s o f e s c a p e o f t h e c r o w d f r o m t h e p e n s i n 

-28-

the event of emergency" 

R E Q U E ST 

4 3 . 


r e s p e c t i n w h i c h t h e m e a n s o f e s c a p e 

p r o v i d e d i s a l l e g e d t o h a v e b e e n 

i n s u f f i c i e n t . 

4 4 . 

P l e a s e i d e n t i f y e a c h a n d e v e r y f a c t a n d 

m a t t e r r e l i e d u p o n i n s u p p o r t o f t h e 

a l l e g a t i o n t h a t t h e F o u r t h D e f e n d a n t 

s h o u l d h a v e r e c o g n i s e d t h e n e e d f o r so m e 

o t h e r m e a n s o f e s c a p e . 

R E P L Y 

4 3 ( i ) 

T h e g a t e s i n t h e p e r i m e t e r f e n c e w e r e 

m e a n t t o b e e m e r g e n c y e x i t g a t e s o n t o 

t h e p l a y i n g a r e a b u t t h e y w e r e t o o s m a l l 

a n d c o u l d n o t b e o p e n e d f r o m t h e i n s i d e 

i n a n e m e r g e n c y a n d s o c o u l d n o t b e u s e d 

w h e n n e e d e d . T h i s w a s c o n t r a r y t o t h e 

G r e e n G u i d e p a r a g r a p h s 2 9 ( x i i i ) (x iv ) 

(xv) i . e . m a n a g e m e n t r e s p o n s i b i l i t i e s 

a b o u t w h i c h t h e F o u r t h D e f e n d a n t h a d a 

d u t y t o g i v e a d v i c e , a n d p a r a g r a p h s 

5 3 , 5 8 , 6 6 , 6 7 , 1 7 8 , 179, 1 8 6 , 2 0 6 , 2 0 9 

a n d 2 1 5 . 

( i i ) T h e r e w a s o n l y o n e g a t e .

( i i i ) T h e g a t e w a s t o o n a r r o w . 

( iv ) O n l y t h e p e o p l e a t t h e b a c k o f t h e s t a n d 

h a d a c c e s s t o t h e t u n n e l a n d t h e g a t e i n t h e 

r a d i a l f e n c e . T h i s m e a n t t h a t t h e r e s t 

h a d n o m e a n s o f e s c a p e . 

( v ) T h e g a t e w a s n o t s i g n e d . 

4 4 . T h e F o u r t h D e f e n d a n t w a s e m p l o y e d a s a 

s k i l l e d e x p e r i e n c e d c o m p e t e n t e n g i n e e r . 

H e s h o u l d h a v e r e c o g n i s e d t h e n e e d f o r 

s o m e m e a n s o f e s c a p e b y r e a s o n o f : 

( i ) c o n s i d e r a t i o n o f t h e p o i n t s 

a b o v e . 

( i i ) h i s k n o w l e d g e o f t h e 

r e q u i r e m e n t s f o r s u c h m e a n s o f 

e s c a p e a t o t h e r c r o w d e d p l a c e s 

e .g . c i n e m a s , d a n c e h a l l s , 

t h e a t r e s . 

O f " ( j ) ( i i ) F a i l e d t o a d v i s e t h e F i r s t , S e c o n d a n d T h i r d 

D e f e n d a n t s a n d t h e F o o t b a l l A s s o c i a t i o n o f t h e n e e d t o 

p r o v i d e s u c h m e a n s o f e s c a p e " 

R E Q U E S T 

-30-

P l e a s e i d e n t i f y t h e p r e c i s e m e a n s o f 

e s c a p e w h i c h t h e F o u r t h D e f e n d a n t s h o u l d 

h a v e a d v i s e d . 


P l a i n t i f f ' s c a s e t h a t t h e F o u r t h 

D e f e n d a n t s w e r e u n d e r a d u t y t o v o l u n t e e r 

a d v i c e a s t o t h e m e a n s o f e s c a p e ( 1 ) t o 

t h e F i r s t D e f e n d a n t s ; ( 2 ) t o t h e T h i r d 

D e f e n d a n t s ; ( 3 ) t o . t h e F o o t b a l l 

A s s o c i a t i o n , i n e a c h c a s e p r o v i d i n g f u l l 

p a r t i c u l a r s o f a l l f a c t s a n d m a t t e r s 

r e l i e d u p o n . 


a n d m a t t e r r e l i e d u p o n i n s u p p o r t o f t h e 

a l l e g a t i o n t h a t t h e F o u r t h D e f e n d a n t 

s h o u l d h a v e a d v i s e d ( a ) t h e F i r s t 

D e f e n d a n t ; ( b ) t h e T h i r d D e f e n d a n t ; a n d 

( c ) t h e F o o t b a l l A s s o c i a t i o n o f t h e n e e d 

t o p r o v i d e s u c h m e a n s o f e s c a p e . 

T h e F o u r t h D e f e n d a n t s h o u l d h a v e a d v i s e d 

t h e p r o v i s i o n o f m e a n s o f e s c a p e 

i n c l u d i n g 

( 1 ) r e m o v a l o f t h e p e r i m e t e r f e n c e , 

o r p r o v i s i o n o f g a t e s a c r o s s

t h e w i d t h o f t h e f e n c e e a c h o f 

w h i c h c o u l d e a s i l y b e o p e n e d 

f r o m t h e i n s i d e . 

( 2 ) g a n g w a y s a t i n t e r v a l s a c r o s s 

t h e t e r r a c e . 

( 3 ) g a t e s a l o n g t h e l e n g t h o f t h e 

r a d i a l f e n c e s w h i c h c o u l d b e 

o p e n e d e a s i l y f r o m e a c h s i d e . 

4 6 . Yes. T h i s w a s p a r t o f t h e j o b u n d e r ( 1 ) 

a b o v e . T h i s w a s o n e o f t h e r e a s o n s t h a t 

a n a n n u a l C e r t i f i c a t e w a s r e q u i r e d . 

4 7 . A s a b o v e . 

O f " ( j ) ( i i i ) F a i l e d t o h e e d t h a t t h e g a t e s p r o v i d e d w e r e 

n o t s u c h a s u f f i c i e n t m e a n s o f e s c a p e " 

RE Q U E S T 

4 8 . 


P l a i n t i f f ' s c a s e t h a t t h e g a t e s w e r e 

a n d / o r w e r e i n t e n d e d t o f o r m p a r t o f t h e 

m e a n s o f e s c a p e i n c a s e o f a l l a n d / o r a n y 

a n d i f s o w h a t e m e r g e n c y . I f a f f i r m a t i v e 

p l e a s e p a r t i c u l a r i s e i n e a c h c a s e e a c h 

a n d e v e r y f a c t a n d m a t t e r r e l i e d u p o n i n 


-32-

49. 

P l e a s e p a r t i c u l a r i s e w h a t i t i s t h a t t h e 

F o u r t h D e f e n d a n t d i d n o t h e e d b u t s h o u l d 

h a v e h e e d e d . 

REPLY 

4 8 . 

Y e s p l e a s e s e e t h e G r e e n G u i d e a s u n d e r 

4 3 a b o v e . 

4 9 . 


O f 

" ( j ) ( i 

r) F a i l e d t o d e s i g n a s u f f i c i e n t m e a n s o f 

e s c a p e 

a s 

a b o v e " 

REQUEST 

5 0 . 

P l e a s e p a r t i c u l a r i s e p r e c i s e l y w h a t f o r m 

o f m e a n s o f e s c a p e i t i s a l l e g e d t h a t t h e 

F o u r t h D e f e n d a n t s h o u l d h a v e d e s i g n e d . 

5 1 . 

P l e a s e p a r t i c u l a r i s e f o r w h a t p u r p o s e i t 

i s a l l e g e d t h a t t h e m e a n s o f e s c a p e 

d e s i g n e d s h o u l d h a v e b e e n s u f f i c i e n t . 

REPLY 

5 0 . 

P l e a s e s e e 4 5 . 

5 1 . 

T o a l l o w e s c a p e o f t h e c r o w d i n a n 

-33-

e m e r g e n c y o n t o t h e p l a y i n g a r e a a s 

e n v i s a g e d i n t h e G r e e n G u i d e . 

O f " ( k ) 

S a n c t i o n e d t h e u s e o f c r o w d e n c l o s u r e w h i c h w a s 

i n 

f a c t 

a t r a p " 

REQUEST 

5 2 

P l e a s e i d e n t i f y p r e c i s e l y w h a t i s a l l e g e d 

t o h a v e c o n s t i t u t e d a t r a p . 

.53 

P l e a s e i d e n t i f y e a c h a n d e v e r y w a y i n 

w h i c h i t i s a l l e g e d t h a t s u c h t h i n g 

c o n s t i t u t e d a t r a p a n d p a r t i c u l a r i s e e a c h 

a n d e v e r y f a c t a n d m a t t e r t o b e r e l i e d 

u p o n i n s u p p o r t t h e r e o f . 

54 

P l e a s e s t a t e h o w i t i s a l l e g e d t h a t t h e 

F o u r t h D e f e n d a n t " s a n c t i o n e d " s u c h u s e . 

5 5 

P l e a s e p a r t i c u l a r i s e p r e c i s e l y w h a t i t i s 

t h a t t h e F o u r t h D e f e n d a n t d i d t h a t t h e y 

s h o u l d n o t h a v e d o n e a n d t h a t t h e y d i d 

n o t d o b u t s h o u l d h a v e d o n e . 

REPLY 

52 

P l e a s e s e e p h o t o g r a p h A p p e n d i x 5 i n t h e 

T a y l o r I n t e r i m R e p o r t . T h e p e o p l e a t t h e 

f r o n t i n p e n s t h r e e a n d f o u r a r e c a u g h t 

-34-

in the trap. 

53, 

T h e p e n s w e r e a t r a p b e c a u s e ( 1 ) t h e 

p e o p l e a t t h e f r o n t w h o w e r e b e i n g 

c r u s h e d t o d e a t h c o u l d n o t e s c a p e ( 2 ) t h e 

p l a c e a t t h e f r o n t o f t h e p e n w a s a t t h e 

b o t t o m o f a s l o p e i n t h e n a t u r e o f a s u m p 

o r w e l l . 

5 4 

T h e F o u r t h D e f e n d a n t a p p r o v e d t h e d e s i g n 

a n d l a y o u t a n d u s e o f t h e p e n s e v e r y t i m e 

h e i s s u e d a S a f e t y C e r t i f i c a t e . 

5 5 


O f " ( 1 ) F a i l e d t o g i v e a d e q u a t e c o n s i d e r a t i o n a n d 

r e s p o n s e t o t h e S e c o n d D e f e n d a n t s ' e n q u i r i e s c o n c e r n i n g 

t h e c e r t i f i e d c a p a c i t y o f t h e t e r r a c e i n F e b r u a r y M a r c h 

a n d A p r i l 1 9 8 7 " 

R E Q U E S T 

5 6 . 

P l e a s e i d e n t i f y t h e a l l e g e d e n q u i r i e s i n 

F e b r u a r y 1 9 8 7 h e r e r e f e r r e d t o , s t a t i n g 

i n e a c h c a s e t o w h o m , b y w h o m , w h e n a n d 

h o w e a c h s u c h e n q u i r y w a s a d d r e s s e d . 

5 7 . 

P l e a s e i d e n t i f y t h e a l l e g e d e n q u i r i e s i n 

M a r c h 1 9 8 7 h e r e r e f e r r e d t o , s t a t i n g i n 

e a c h c a s e t o w h o m , b y w h o m , w h e n a n d h o w 

e a c h s u c h e n q u i r y w a s a d d r e s s e d . 

5 8 . 

P l e a s e i d e n t i f y t h e a l l e g e d e n q u i r y i n 

-35-

A p r i l 1 9 8 7 h e r e r e f e r r e d t o , s t a t i n g i n 

e a c h c a s e t o w h o m , b y w h o m , w h e n a n d h o w 

e a c h s u c h e n q u i r y w a s a d d r e s s e d . 

P l e a s e p a r t i c u l a r i s e i n r e s p e c t o f e a c h 

s u c h e n q u i r y w h a t c o n s i d e r a t i o n i t i s 

a l l e g e d t h a t t h e F o u r t h D e f e n d a n t s h o u l d 

h a v e g i v e n b u t d i d n o t g i v e . 

P l e a s e p a r t i c u l a r i s e i n r e s p e c t o f e a c h 

s u c h e n q u i r y w h a t r e s p o n s e : 

( 1 ) i t i s a l l e g e d t h a t t h e F o u r t h 

D e f e n d a n t s d i d g i v e . 

( 2 ) i t i s a l l e g e d t h a t t h e F o u r t h 

D e f e n d a n t s s h o u l d h a v e g i v e n . 


P l a i n t i f f ' s c a s e t h a t t h e o v e r a l l n u m b e r s 

a d m i t t e d t o t h e L e p p i n g s L a n e e n d o f t h e 

g r o u n d o n 1 5 t h A p r i l 1 9 8 9 w a s e x c e s s i v e 

a n d u n s a f e . 

I f t h e a n s w e r t o t h e p r e v i o u s r e q u e s t i s 

a f f i r m a t i v e p l e a s e s t a t e s 

( 1 ) w h a t n u m b e r s i t i s a l l e g e d w e r e 

a d m i t t e d ;

(2) what numbers it is alleged 

s h o u l d h a v e b e e n a d m i t t e d . 

6 3 . I f t h e a n s w e r t o R e q u e s t 6 1 i s i n t h e 

n e g a t i v e , p l e a s e s t a t e h o w t h e m a t t e r s 

c o m p l a i n e d o f i n t h i s s u b - p a r a g r a p h a r e 

a l l e g e d t o h a v e c a u s e d t h e d e a t h o f t h e 

D e c e a s e d . 

R E P LY 

5 6 . O r a l l y o n 2 6 . 2 . 8 7 . T h e F o u r t h D e f e n d a n t 

w a s a s k e d b y o n e o f t h e C l u b w h e t h e r 

t h e c a p a c i t y f i g u r e o f 1 0 , 2 0 0 f o r 

L e p p i n g s L a n e e n d w a s s t i l l c o r r e c t . 

5 7 . O r a l l y o n 2 . 3 . 8 7 . T h e F o u r t h D e f e n d a n t 

a d v i s e d t h e C l u b t o l e a v e t h e c a p a c i t y a t 

L e p p i n g s L a n e e n d a s i t w a s p r o v i d e d 

P o l i c e h a v e g a t e s u n d e r W e s t S t a n d o p e n 

s o t h a t p e o p l e c a n d i s t r i b u t e t h r o u g h o u t 

t h e t e r r a c e e v e n l y . 

5 8 . O r a l l y o n 2 8 . 4 . 8 7 . T h e F o u r t h D e f e n d a n t 

s a i d t o t h e C l u b t h a t h e d i d n o t k n o w o f 

a n y a m e n d m e n t t o t h e O r i g i n a l S a f e t y 

C e r t i f i c a t e d a t e d 1 9 7 9 a n d h a d n o t s e e n 

a n y . 

5 9 . T h e s e e n q u i r i e s s h o u l d h a v e c a u s e d t h e 

-37-

F o u r t h D e f e n d a n t t o a d v i s e t h e C l u b o f 

t h e n e e d f o r a m e n d m e n t t o t h e S a f e t y 

C e r t i f i c a t e w h i c h w o u l d h a v e d r a w n 

a t t e n t i o n t o t h e d a n g e r o f o v e r c r o w d i n g 

a n d t h e n e e d f o r c r o w d c o n t r o l a n d p r o p e r 

d i s t r i b u t i o n b y s e p a r a t e a c c e s s / e g r e s s , 

s e p a r a t e t u r n s t i l e s , p r o p e r s i g n i n g . 

6 0 . 

A s a b o v e . S e e 5 6 - 5 8 . P l e a s e s e e t h e 

F o u r t h D e f e n d a n t ' s m e m o ra n d u m o f t h o s e 

d a t e s . 

6 1 . 

T h e o v e r a l l n u m b e r w a s s a f e p r o v i d e d t h a t 

t h e c r o w d h a d b e e n d i s t r i b u t e d e v e n l y 

a c r o s s t h e w h o l e t e r r a c e . 

6 2 . 

N o t a p p l i c a b l e . ■ 

6 3 . 

P l e a s e s e e 5 9 . T h e o v e r c r o w d i n g c a u s e d 

t h e d e a t h o f M r . C h a p m a n . 


S E R V E D t h e 5 t h d a y o f A p r i l 1 9 9 0 

b y H a m m o n d S u d d a r d s , 1 0 P i c c a d i l l y , B r a d f o r d B D l 3 L R . 

S o l i c i t o r s f o r t h e F i r s t D e f e n d a n t .

1989 C. No. 5925 


Q U E E N 'S 

BEN CH D I V I S I O N 

L IV E R P O O L D I S T R I C T 

R E G IS T R Y 

JO A N CHAPMAN 

(W id o w a n d A d m i n i s t r a t r i x o f t h e 

E s t a t e o f R a y m o n d T h o m a s C h a p m a n 


- v - 

( 1 ) T H E C H IE F C O N S T A B LE O F SO UTH 

Y O R K S H IR E 

P O L IC E 

( 2 ) S H E F F IE L D W EDNESD AY FO O TB A L'i. ) 

CLUB 

PLC 

( 3 ) S H E F F IE L D C I T Y C O U N C IL 

( 4 ) EASTW OOD & P A R T N E R S ( C o n s u l t i n g 

E n g i n e e r s ) ( A F i r m ) 

AND 

T H E C H IE F C O N S T A B LE O F SO U TH 

Y O R K S H IR E 

P O L IC E 

- v - 

( 1 ) S H E F F IE L D W EDNESD AY F O O T B A L L 

CLUB 

PLC 

( 2 ) EASTW OOD & P A R T N E R S ( C o n s u l t i n g 

E n g i n e e r s ) ( A F i r m ) 

F U R T H E R AND B E T T E R P A R T IC U L A R S O F THE 

SECO ND T H IR D P A R T Y N O T IC E P U R S U A N T TO 

A R E Q U E S T D A T E D 3 JA N U A R Y 1 9 9 0 

• 

R e f : 

P C M /P A B 

M e s s r s H am m ond S u d d a r d s 

S o l i c i t o r s 

E m p i r e H o u s e 

1 0 P i c c a d i l l y 

B r a d f o r d 

B D 1 3 L R

IN THE HIGH OOURT OF JUSTICE 1989 C No. 5925 

QUEEN'S BENCH DIVSICN 


B E T W E E N 

s f c j* 

■ _ - 

* 

» *“ 

r ‘Ci>^ 

JOAN CHAPIMf 

WIDCW AND AEMDUSTKAIRIX CF THE ESTATE GF 

RAY1CND HOAS OiAFlMi DECEASE) 

-and- 

P la in tif f 

v t c ? WE CHIEF QCNSTABLE CF SOOTH TCRKSiHE 

E 

F irs t Defendant 

and 

SHEFFIELD VEDNESEAY FOOTBALL CLUB PIC 


Before the honourable Mr Ju stic e Steyn cne of the Ju stices of the High Court 

of Ju s tic e , Queen's Bench D ivision, s ittin g a t the Queen Elizabeth 11 Law 

C ourts, Derby Square, Liverpool. 

Upon hearing Counsel fo r the P la in tif f , Counsel fo r the F irst Defendants, 

Counsel fo r the Seccnd Defendants 

and upon reading a ffid a v its 

and upon hearing arguments 

Having cn the 26th day of Ju ly 1989 

Ordered th a t: 

1 PLEADINGS 

(a) 

Time to turn in the vacation; 

(aa) 

The P la in tiff have leave to amend th e Writ by joining in the 

action Sheffield City Council as Third Defendants and Eastwood and P artners as 

the Fourth Defendants, and that the service of the Writ and th e ir 

Acknowledgement of Service on the present Defendants do stand;

(b) 

Defences to be served w ithin 6 weeks hereof or w ithin 6 weeks of 

service of any re-served Statement of Claim involving additional Defendants, 

whichever be th e la te r ; 

(c) 

Any Reply to Defence to be served within 3 weeks of the serv ice of 

the Defence; 

2 DI90CVERY 

There be autual exchange of documents by L ist by each p a rty , to be 

served w ithin U weeks of close of pleadings; 

3 INSPECTION 

the L is ts ; 

There be inspection of documents within 7 days of the serv ice of 

4 STATEMENTS OF WITNESSES OF FACT; 

There be nutual exchange by each p arty of a l l statements of w itnesses of fact 

re lie d upon, w ithin 6 weeks a f te r the clo se of pleadings, in so fa r as such 

statem ents have already been given at th e Inquiry of Lord Ju stic e Taylor ( 'th e 

Taylor In q u iry ') such exchange to be by reference to such statem ents; 

5 EXPERT EVIDENCE; 

The p a rtie s be a t lib e rty to adduce expert evidence at the t r i a l of the 

a c tio n , and:

( i) the p a r tie s a u tu a lly exchange the w ritte n re p o rts of such ecp erts 

w ithin 10 weeks a f te r th e close of pleadings and a u tu a lly exchange any 

supplementary rep o rts w ithin 14 days th ere afte r; 

( i i) unless such rep o rts be agreed, the p a rtie s be a t lib e rty to c a ll 

expert w itnesses lim ited to those witnesses the substance of whose evidence 

has been so disclosed and lim ited to three w itnesses fo r each p a rty , being one 

from each of the follow ing categories: 

(a) Consulting Engineer (b) M etalurgist (c) Safety; 

6 PRE-TRIAL REVIEW; 

The actio n be lis te d fo r p r e - tr ia l review before Rose J . s ittin g in Manchester 

in October; 

7 STAY OF OTHER PROCEEDINGS 

Any applicatio n fo r stay in other actions arisin g from sim ila r fa c ts and 

raisin g sim ilar a lle g a tio n s, be made to Rose J . w ith lib e rty to apply to any 

p arty to such a ctio n s; 

8 C onsideration of the sta tu s of the Report of the Taylor Inquiry 

and of the Inquiry T ranscript be adjourned to the P re-T rial Review; 

9 Subject to any fu rth er d irectio n s, the follow ing n a te ria l be 

lodged so as to be before the tr ia l Judge before t r i a l ;

(a) 

copy pleadings; 

(b) 

copy expert rep o rts; 

(c) 

copy statem ents of new witnesses of fact which a re to be 

re lie d cn i.e . those not given a t the Taylor Inquiry; 

(d) 

copy statonents of w itnesses of fact given a t the Taylor 

Inquiry which a re to be relied cn; 

(e) 

any other Statement of Fact re lie d upcn; 

(f) 

compilation video produced at the Inquiry; 

(g) 

copy bundle (small) of inportant documents; 

(h) 

chronology of events to be prepared by P la in tif f with 

comnents in right hand margin by Defendants; 

(i) 

l i s t of Dramatis personae. 

10. The p a rtie s be a t lib e rty to make in terlo cu to ry ap p licatio n s to 

whomsoever of the Presiding Judges i . e . Rose J . or Steyn j . be cn c irc u it, but 

without prejudice to the ju risd ic tio n of the R egistrar; 

11 Costs in the cause. F it fo r two Counsel; f i t fo r Leading Counsel.

It fu rth e r be recorded that the Judge made the follcw ii£ observations: 

(i) 

th at h is strong in d icatio n and hope w s th at the p a rtie s ■would 

agree (a) that the Report of the Taylor Inquiry be put b efore the 

T rial Judge as p a rt of th e evidence to which he might have regard 

in re la tio n to the In q u iry 's findings of primary fa c t, w ith 

lib e rty to each p arty to lead contrary evidence a t tr ia l cn any 

disputed fact and (b) th at the tran scrip t of the proceedings of 

the Inquiry be adm itted a t t r i a l as a tru e record of what was said 

a t the Inquiry; the p a rtie s should be prepared to agree to submit 

before t r ia l a l i s t of those findings of fact contained in the 

Inquiry Report which were to be contested a t t r i a l . 

Cii) 

In the lig h t of the in d icatio n given by P l a i n t i f f ’s Counsel that 

the Defendants were lik e ly to admit that the present action 

concerned a f a ta lity in Pen 3 and that i t wots the in tention that 

proceedings be issued and a Statement of Claim be served as soon 

as possib le in two fu rth e r lead actio n s, one concerning a f a ta lity 

in Pen 4 and other a P la in tif f physically in ju red outside the 

Stadium, the provisional view of the Judge was th at a stay should 

be granted in a l l other sim ila r proceedings pending the outcome of 

the 3 lead a ctio n s, but th a t such stay should not take effect 

u n til close of pleadings in such actio n s. 

( i i i ) That pleadings in a ll actio n s o th er than the lead cases, could and 

should be in an abridged form w ith cross references to the 

pleadings in the lead a c tio n s.

(iv ) 

That he noted the in ten tio n of Counsel fo r the Second Defendants 

to obtain urgent in stru c tio n s as to %hether the Second Defendants 

intended to raise a lle g a tio n s a g ain st o th er parties and la pgW>m 

■frot h e P la in tif f 's Counsel a dga f t »f â iy -Pcfe»ee-

1969 C No. 5925 

IN THE HIGH COURT CF JUSTICE 



JOAN CHAPIMf 

VIDOV AM) AIBflNISTRATRIX GF 

CF SAYIOD 1IOAS CHAPIMI 

-and- 

THE ESTATE 

DECEASED 

P la in tif f 

SOUTH 

THE CSIEF GCMSEABLE CF 

YORKSHIRE 


) 

and 

SHEFFIELD 1EXME9MT FOOTBALL CLUB PLC 


JUDGES ODES 

) 

BRIAN 1KM>SCN & PARTNERS 

Richmond House, 

Rumford Place, 

Liverpool. 

L3 9SV 

S o lic ito rs fo r the P la in tiff 

MI/CHAPMftN/A89V228

4 n t e e h ig h c o u r t o f JUSTICE £. 

‘ qOESM’ S b e n c h d i v i s i o n 

LIVESrOOL D IS T R IC T REGISTRY . . 

JOAN CHAPMAN (Widow and Administratix of the Estate of 1939 C 5925 

RAYMOND THOMAS CHAPMAN Deceased) 

P lain tiff 

THE CHIEF CONSTABLE OF SOUTH TGF.\5r:IRS First Dei'er.canc 

S^^Zt^WEDNfeÂY FOOTBALL ?LC _ Second Defendants 

" 4 

-U 

. • o n 

,f »• r .*j rjO # 

. 

?4» 

1 

O i ' W '1 * 

^ / 

V. ^ :------------------- 

. 0 - 2 / 

(Widow and Administratix of the 

Estate^? aV. 

DAVID GEORGE RIMMER Deceased) 

1989 R 7C39 

P lain tiff 

THE CHIEF CONSTABLE OF SOUTH YORKSHIRE 

SHEFFIELD WEDNESDAY FOOTBALL ?LC 


S.ASTm'CCD and PARTNERS 

(COiISULTING ENGINEERS) (a fir-; 





Before The Honourable Mr Justice Rose in Manchester 

UPON hearing Counsel for all five parties 

IT IS ORDERED th a t:- 

1 . The P la in tiff be at liberty to amend the Statement cf Claim tc adequatel 

particu larise the case against the Third and Fourth Defendants within 7 

2. The Third and Fourth Defendants be at lib e rty to file and serve any. cons 

amended defences within 7 days thereafter. 

3. The F irst Defendants application for a stay be r&fusec'. 

4. This action be listed for tr ia l in Liverpool cn \the*,*e* v\me 1990. 

*’ ,v\ '*>/ ■ / 

5. The P la in tiff shall serve a Statement of the facts relied upon wit 

28 days. 

Any party disputing any of those facts to serve a notice incsntifying su 

disputed facts on or before the 31 January 1990. 

6 . The tran scrip t of the Lord Justice Taylor enquiry is to be admitted as a 

record of what was said at the enquiry. 

Continued

7. There be no variation cf the teras of the order of Mr Justice Steyn 

of the 26 day of July 2989 in relation to the exchange cf witness statements 

experts reports. 

There zb r.c t-rdsr cn ,th€ Tv * 

Psr*ty Prccsedir.ss. 

9. to make any further application, pending the appointment of the 

Trial Judge, to either The Honourable Mr Justice Rose or The Honourable 

Mr Justice Steyn. 

0. Cert3 in the cause. 

/

1989 C No. 5925 



L IV E R P O O L 

D I S T R I C T R E G IS T R Y 


- JO A N CHAPM AN 


E s t a t e o f R a y m o n d T h o m a s C h a p m a n d e c e a s e d ) 


- a n d - 

( 1 ) T H E C H I E F C O N S T A B L E OF S O U T H Y O R K S H IR E P O L IC E 

( 2 ) S H E F F IE L D W EDNESD AY F O O T B A L L C L U B P L C 


(4) EASTW OO D & P A R T N E R S ( C o n s u l t i n g E n g i n e e r s ) 

( a f i r m ) 


- a n d - 

( 1 ) S H E F F IE L D W EDNESD AY F O O T B A L L C LU B P L C 

( 2 ) EASTW O O D & P A R T N E R S ( C o n s u l t i n g E n g i n e e r s ) 

( a f i r m ) 


AND I N T H E M A T T E R OF 

1 9 8 9 R N o . 7 0 3 9 

L IN D A MARY R IM M E R 


E s t a t e o f D a v i d G e o r g e R i m m e r d e c e a s e d ) 


- a n d - 

( 1 ) T H E C H I E F C O N S T A B L E -O F S O U T H Y O R K S H IR E P O L IC E 

( 2 ) S H E F F IE L D W E D N E S D A Y F O O T B A L L C L U B P L C 

t 


( 4 ) E ASTW O O D & P A R T N E R S ( C o n s u l t i n g E n g i n e e r s ) 

( a f i r m ) 


- a n d - 


( 2 ) EASTW O O D & P A R T N E R S ( C o n s u l t i n g E n g i n e e r s ) 

( a f i r m ) 

T h i r d P a r t i e s

T H E H O N O U R A B LE M R. J U S T I C E S T E Y N S I T T I N G I N CHAM BERS 

A T M A N C H E S T E R H IG H C O U R T T H E 2 0 T H D A Y O F D E C E M B E R , 1 9 8 9 

UPO N H E A R IN G C o u n s e l f o r t h e P l a i n t i f f s a n d f o r t h e 

F i r s t , S e c o n d a n d F o u r t h D e f e n d a n t s I T I S O R D E R E D 

t h a t : 

A . 

I N T H E M A IN A C T IO N S 

1 . T h e s e a c t i o n s b e s t a y e d u p o n t e r m s a g r e e d b e t w e e n 

t h e P l a i n t i f f s a n d t h e F i r s t D e f e n d a n t , w h i c h 

t e r m s a r e s e t o u t i n a l e t t e r d a t e d 

1 5 t h D e c e m b e r , 1 9 8 9 , a c o p y o f w h i c h i s a n n e x e d 

h e r e t o . 

2 . T h e P l a i n t i f f s h a v e l e a v e t o d i s c o n t i n u e t h e 

a c t i o n s a s a g a i n s t t h e S e c o n d , T h i r d a n d F o u r t h 

D e f e n d a n t s u p o n t e r m s t h a t t h e y w i l l n o t p u r s u e 

a n y f u r t h e r a c t i o n i n r e s p e c t o f t h e i r c l a i m s 

h e r e i n a g a i n s t t h o s e D e f e n d a n t s . 

3 . T h e F i r s t D e f e n d a n t p a y t h e P l a i n t i f f s ' c o s t s o f 

t h e a c t i o n s . C o s t s o t h e r w i s e r e s e r v e d . 

4 . T h e r e b e l i b e r t y t o a p p l y f o r t h e p u r p o s e o f 

c a r r y i n g t h i s O r d e r i n t o e f f e c t . 

B . 

I N T H E T H I R D P A R T Y P R O C E E D IN G S 

1 . T h e T h i r d P a r t y N o t i c e s i s s u e d b y t h e F i r s t 

D e f e n d a n t a g a i n s t t h e S e c o n d D e f e n d a n t s a n d t h e 

F o u r t h D e f e n d a n t s o n t h e 1 9 t h d a y o f O c t o b e r , 1 9 8 9 

a r e v a l i d a n d e f f e c t i v e .

T h e r e b e l e a v e f o r t h e F i r s t D e f e n d a n t t o a d d t h e 

T h i r d D e f e n d a n t s i n t h e m a i n a c t i o n s a s T h i r d 

T h i r d P a r t i e s i n t h e T h i r d P a r t y p r o c e e d i n g s . 

T h e T h i r d P a r t y N o t i c e s s e r v e d b y t h e F i r s t 

D e f e n d a n t s h a l l s t a n d a s - S t a t e m e n t s o f C l a i m i n 

t h e T h i r d P a r t y p r o c e e d i n g s . 

T h e D e f e n c e s o f e a c h p a r t y t o t h e A m e n d e d 

S t a t e m e n t s o f C l a i m s h a l l s t a n d a s D e f e n c e s t o 

t h e T h i r d P a r t y c l a i m s a n d s h a l l b e d e e m e d t o b e 

s e r v e d a s - s u c h D e f e n c e s o n 2 n d J a n u a r y , 1 9 9 0 . 

E a c h T h i r d P a r t y s h a l l h a v e l e a v e w i t h i n 2 8 d a y s 

t o s e r v e a S u p p l e m e n t a l D e f e n c e , l i m i t e d t o t h e 

f u r t h e r i s s u e s r a i s e d b y t h e T h i r d P a r t y N o t i c e s . 

T h e F i r s t D e f e n d a n t t o h a v e l e a v e t o s e r v e a 

R e p l y a s t o a n y s u c h S u p p l e m e n t a l D e f e n c e s w i t h i n 

1 4 d a y s t h e r e a f t e r . 

T h e r e b e d i s c o v e r y o f d o c u m e n t s b y L i s t s b e f o r e 

2 8 t h F e b r u a r y , 1 9 9 0 , w i t h i n s p e c t i o n w i t h i n 1 4 

d a y s t h e r e a f t e r . ’ 

T h e r e b e l e a v e f o r e a c h p a r t y t o c a l l f o u r e x p e r t s 

a t t h e t r i a l , t h e s u b s t a n c e o f t h e i r e v i d e n c e 

b e i n g l i m i t e d t o t h e c o n t e n t o f r e p o r t s e x c h a n g e d 

w i t h i n 5 6 d a y s a f t e r t h e t i m e l i m i t e d f o r 

i n s p e c t i o n o f d o c u m e n t s .

9 . T h e F i r s t T h i r d P a r t y s h a l l c o n s e n t t o a n d 

c o - o p e r a t e i n a n y r . e a s o n a b l e e x a m i n a t i o n b y a n y 

n o m i n a t e d e x p e r t o f : 

( i ) a n y p a r t o f t h e H i l l s b o r o u g h 

s t a d i u m , i n c l u d i n g s t r u c t u r e s 

e r e c t e d t h e r e o n ; 

( i i ) t h e c o l l a p s e d b a r r i e r 1 2 4 A ; 

i n c l u d i n g , f o r t h e a v o i d a n c e o f 

d o u b t , t h e t a k i n g o f s a m p l e s f o r 

m e t a l l u r g i c a l a n a l y s i s . 

1 0 . A l l m a t e r i a l r e f e r r e d t o i n p a r a g r a p h 9 o f t h e 

O r d e r m a d e o n 2 6 t h J u l y , 1 9 8 9 b y t h e H o n o u r a b l e 

M r . J u s t i c e S t e y n b e a v a i l a b l e a n d a d m i s s i b l e a t 

t h e t r i a l o f t h e T h i r d P a r t y a c t i o n s . 

1 1 . T h e q u e s t i o n o f t h e l i a b i l i t y o f t h e T h i r d P a r t i e s 

t o i n d e m n i f y o r c o n t r i b u t e t o t h e F i r s t D e f e n d a n t 

b e t r i e d a t t h e b e g i n n i n g o f t h e M i c h a e l m a s t e r m 

1 9 9 0 o n a d a t e t o b e f i x e d . T h e F i r s t D e f e n d a n t ' s 

a p p l i c a t i o n f o r l e a v e t o a p p e a l a g a i n s t t h i s 

i 

O r d e r b e r e f u s e d . 

1 2 . T h e c o s t s o f t h i s a p p l i c a t i o n b e c o s t s i n t h e 

c a u s e a n d i n t h e T h i r d P a r t y p r o c e e d i n g s . 

1 3 . T h e r e b e l i b e r t y t o a p p l y .

C . 

ON T H E A P P L I C A T I O N O F T H E F O U R T H D E F E N D A N T S FO R 

F U R T H E R AND B E T T E R P A R T IC U L A R S 

T h i s a p p l i c a t i o n b e a d j o u r n e d t o a d a t e t o b e f i x e d . 

D . 

I N A L L M A T T E R S 

F i t f o r t w o C o u n s e l .

1989 C No. 5925 

I N T H E H IG H C O U R T O F J U S T IC E 

Q U E E N 'S BENCH D I V I S I O N 

L IV E R P O O L •D I S T R I C T - R E G IS T R Y 


JO A N CHAPMAN 

( W id o w a n d A d m i n i s t r a t r i x o f t h e . 

E s t a t e o f R a y m o n d T h o m a s C h a p m a n d e c e a s e d ) 


- a n d - - 

( 1 ) T H E C H IE F C O N S T A B L E OF SO U TH Y O R K S H IR E P O L IC E 



(4) EASTW OOD & P A R T N E R S ( C o n s u l t i n g E n g i n e e r s ) 

( a f i r m ) 


- a n d - 


( 2 ) EASTW OOD & P A R T N E R S ( C o n s u l t i n g E n g i n e e r s ) 

( a f i r m ) 


AND I N T H E M A T T E R O F 

1 9 8 9 R N o . 7 0 3 9 


L I N D A M ARY R IM M E R 


E s t a t e o f D a v i d G e o r g e R im m e r d e c e a s e d ) 


- a n d - 

( 1 ) T H E C H IE F C O N S T A B L E OF S O U TH Y O R K S H IR E P O L IC E 




( a f i r m ) 


- a n d - 



( a f i r m ) 


O R D E R

**rr^ « •*•w< 

g r 0 3 / 3 /f r o _________ 

s t o S 7 ^ 7 ' o ,m 

cxaA-o I. • 

CHAwA. 

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0 / - v n Q ^ o J Q X j 2 - C5^- S o a & U 

':^xC_A.C3Z- 

^ 

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' a ^ . f e o ^ H o o X 5 C t o - b 

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REASONS 

Tt C>«__ )vÛ>»V«Jk I S. /v - 

/s yOJa ~* cXa— / ^ d f^ jj'c -ts J h 

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5- / ^ - c^/ jK S-i~~J r o .— O/— / ^ 3 v u) 

/\, C j^ t— Jo xj'JLA/'oi—S cJ'O-Jl'tL-^J*- f 

/- jkjt-Jj.^ fK>-

If leave to appeal has been granted you 

must serve your notice of appeal on (i) 

all parties affected by the appeal and 

(ii), in county court cases, also on the 

office of the registrar of the county 

court concerned. You must then set 

down your appeal in the Civil Appeals 

Office within 7 working days of the 

date of service of your notice of appeal, 

in accordance with Order 59, rule 5. 

If leave to appeal has been refused, you 

have the right to apply to renew that 

Application ex parte in open court (see 

R.S.C. OrdL 59, r,14(2A)). Such 

Application must be made by letter 

addressed to the Registrar of Civil 

Appeals, Room 246, Roy.il Courts of 

Justice, Strand, London WC2A 2LL 

within 7 working days. (See the Fifth 

Supplement to the Supreme Court 

Practice 1988, para. 59/14/7, particularly 

note (6)). 

If leave to appeal has been granted, you 

have the right to apply to have that 

grant of leave to appeal reconsidered 

inter partes in open court Any such 

Application must be made by S ummons 

lodged with the Civil Appeals Office, 

Room 246, Royal Courts o f Justice, 

Strand, London WC2A 2LL within 

7 working days. (See the Fifth 

Supplement to the Supreme Court 

Practice 1988, para. 59/14/7, particularly 

note (7)). 

NOTE TO ALL PARTIES 

If the single Lord Justice has ordered that the Application be listed for oral hearing, 

then (unless the Court otherwise directs) it will be listed inter partes before a single 

Lord Justice on a date and at a time which will be notified to all parties by letter 

from the Civil Appeals Office. 

SENT TO THE PARTIES LISTED OVERLEAF ON 

S '*1

IN THE COURT OF APPEAL 

0 

II 

V. 

/ 

O R D E R 

Copies to: 

Oj -H A 'M/How? Jv P P 

Pl/Lfc Mo v J «£ 

(o f t t c * * > « - < - / 

( «.*>f • /> c ^ | 

r7 

, u iM tn r f. C A v i r 

11 o f t . t » j e w € n - P m ^ 

u n ^ o *' e c ^ v u a * 

( ***-: in I s i) 

- r u t ST«-ctv/* *r* 

I-M M e ? . * . 

c u \ 

/oltTeX. 

2.-18 *

mUTr irTQfj COURT C? JUSTICE 

1QSQ C No. =Q?'=; 

IIVISION 

--yTrrjpnQTj OIST RICT REGIS TRY 

-\i 'yuir MATTER rp ■'iutt r.jc ASTER ."•.i 

-»rt 

■ 

HILLSBOROUGH STADIUM ON' •"Tp? i.PRIL, 19 39 

a n d in t h e ".a t — ^ i. . 1?.Z\. PART Y ■ 

TROCEEDINGS IN THE CASES p p -ÂN CHAPMAN 

AND LINDA MARY RIMMER 

C ) 

B E T W E E N : ' 

CHIEF CONSTABLE OF THE 


- ana - 

Third Party 

Claimant 

SHEFFIELD WEDNESDAY FOOTBALL 

CLUB. PLC 

First Third 

Defendant 

- ana - 

Parry 


Second Third 

Defendant 

Party 

0 R D E R 

B E F O R E T H E H O N O U R A B LE M R . 

J U S T I C E R O S E S I T T I N G 

A T M A N C H E S T E R ON T H U R S D A Y , 2 4 T H M A Y , 1 9 9 0 

Upon hearing Counsel for the parties IT IS HEREBY 

ORDERED that:

Except as shall be indicated under paracraoh 2 

below,'all “he findings in■-he interim and 

final reports of the Inquiry by Taylor L..J. 

shall be admitted at the -rial without furtr.er 

proof. 

Before 22nd June, 1990 the Chief Constable and 

the Club and Eastwood s Partners shall indicate 

by underlining in copies of the interim and 

final reports of the Taylor Inquiry those 

findings which they do not admit. 

Before the 

same cate the marked up copies of the reports 

shall be delivered by the Club and Eastwood & 

Partners to the Chief Constable who shall 

consolidate them into one edition for use at 

.:e trial with the underlinings shewn red for 

Chief Constable, green for Club, purple for 

Eastwood & Partners and snail serve a marked up 

copy upon each of the other parties within 

fourteen days after 22nd June, 1990. 

In relation to evidence: 

3.1 The transcripts of evidence and 

statements given to the Taylor 

Inquiry and at the preliminary 

inquest hearings be admissible in 

evidence at the trial as evidence 

in chief.

2.2 Any .document produced in evidence 

to m e Taylor Inquiry or at the 

oreliminary inquest, hearings be 

admissible in evidence at the 

trial without iurther.proof as *:o 

o rig in . 

j.I 

Any party intending to call 

evidence in chief not previously 

-ecorded either in a statement 

produced to the Inquiry or in 

evidence given to the Inquiry or 

at the preliminary inquest hearings 

shall serve a statement of such 

evidence upon the other parties to 

the proceedings not later than 

■ 31st July, 1990. 

3.4 Notwithstanding direction 3.3 any 

party will be entitled to call as 

a witness at the hearing without 

disclosure of a statement or 

further statement any person who 

has been requested to provide a 

statement but has declined to do 

so on the grounds that he is 

subject to the possibility of 

criminal action provided that the 

name of such witness has been 

disclosed under 3.5 below. 

Any

previous statement made by such a 

witness shall be disclosed as at 

21st July, 1990. 

2.3 Before 21st July, 1S90 each party 

will serve on the other a list of 

witnesses indicating whether they 

are to be called and/or whether 

their transcript evidence will be 

relied on. 

2.6 Before.31st August, 1990 any party 

requiring any witness whose name 

has been included in the list to 

be served under 3.5 to attend for 

cross examination shall give 

notice to the other parties 

accordingly. 

3.7 Statements or transcripts referred 

to in 3.1 and 3.3 shall stand as 

evidence in chief of such 

witnesses. 

4.1 Before 15th June, 1990 the Chief 

Constable shall serve on the other 

parties two further columns of the 

List of Issues one giving cross 

reference to pleadings and one 

identifying the party or parties 

affected.

4.1 'Before-15th July, 1990 the Club 

-.nd Eastwood St Partners shall 

provide comments cross referenced 

oo pleadings and to the parties 

in the form of a Schedule to 

correspond with the List of Issues 

delivered by the Chief Constable 

under paragraph 7 (3) of the Order 

dared 6th March, 1990 made bv 

Steyn J. 

Expert reports to be exchanged before 15th 

August, 1990 and expert evidence to be admitted 

at the rrial limited to the substance of such 

reports and to four witnesses for each party. 

Place of trial : .Manchester. 

Trial to commence on Tuesday, 2nd October, 

1990. 

Estimated length of trial six weeks. 

That the actions 1989 C No. 5925 and 1989 R No. 

7039 be consolidated and proceed under the 

number 1989 C No. 5925 entitled "In the matter 

of the disaster at Hillsborough Stadium on 

15th April, 1989 and in the matter of Third 

Party proceedings in the cases of Joan Chapman 

and Linda Mary Rimmer".

:re-tnax review to oe rixed.ir 

ceicre 

Trial Cidce prior to the end cf term. 

7i 

1^ hours. 

written summary cf the opening snail :e 

circulated.before the trial to the partis s ana 

Icdcsd with the Court. 

Costs in the.cause. 

( ) 

(. >

MJ _ _ 

1 7 -JU L-1990 1 6 :4 6 HAMMOND SUDDARDS 0274 73 7 5 4 ? 

P. 03 

I N T H E H I G H C O U R T ' O F ’ J U S T I C E 1 9 8 9 C N o . 5 9 2 5 

Q U E E N ’ S 


L I V E R P O O L 

D I S T R I C T R E G I S T R Y 


H IL L S B O R O U G H S T A D I U M * O N ' 1 5 T H A P R I L ; ■ 1 9 8 9 

A N D I N T H E M A T T E R O F T H I R D P A R T Y 

P R O C E E D IN G S I N T H E C A S E S O F J O A N C H A P M A N 

A N D ■ L I N D A ' M A R Y ■ R I M M E R ................................................................ 

B E T W E E N ; 



- a n d - 

T h i r d 

C l a i m a n t 

P a r t y 


C L U B P L C 

F i r s t T h i r d 

D e f e n d a n t - 

* a n d - 

P a r t y 


S e c o n d T h i r d 

D e f e n d a n t 

P a r t y 

L E T A L L P A R T I E S c o n c e r n e d a t t e n d b e f o r e t h e H o n o u r a b l e 

H r . J u s t i c e J o w i t t s i t t i n g a t T e e s - s i d e C r o w n C o u r t , 

T h e L a w C o u r t s , V i c t o r i a S q u a r e , M i d d l e s b r o u g h , 

C l e v e l a n d o n T u e s d a y t h e 2 4 t h d a y o f J u l y , 1 9 9 0 a t 

1 0 . 3 0 a . m . o n t h e h e a r i n g o f a n a p p l i c a t i o n o n t h e 

p a r t o f t h e C h i e f C o n s t a b l e f o r d i r e c t i o n s t o b e 

g i v e n a s f o l l o w s :

17-JUL-1990 16:47 HAMMOND SUDDARDS 0274 737547 P.04 

B e f o r e 1 s t A u g u s t , 1 9 9 0 t h e T h i r d P a r t y C l a i m a n t 

s h a l l s e r v e o n e a c h o f t h e T h i r d P a r t y D e f e n d a n t s 

a d r a f t I n d e x t o a C o r e B u n d l e ( i n c l u d i n g v i d e o 

m a t e r i a l , p l a n s a n d p h o t o g r a p h s ) a n d a d r a f t 

C h r o n o l o g y . ( ^ 

^ > 3 S - V 

B e f o r e x 5 < h A u g u s t ‘e a c h o f t h e T h i r d P a r t y 

D e f e n d a n t s w i l l s e r v e o n t h e T h i r d P a r t y 

C l a i m a n t : 

2 . 1 A l i s t o f a n y f u r t h e r d o c u m e n t s 

( i n c l u d i n g v i d e o m a t e r i a l , p l a n s 

a n d p h o t o g r a p h s ) w h i c h t h e y w i s h t o 

b e i n c l u d e d i n t h e C o r e B u n d l e a n d 

e a c h T h i r d P a r t y D e f e n d a n t w i l l , i f 

r e q u e s t e d , p r o v i d e w i t h i n 4 8 h o u r s 

a c o p y o f a n y d o c u m e n t s o l i s t e d . 

2 . 2 A l i s t o f a n y f u r t h e r e v e n t s t o b e 

i n c l u d e d i n t h e C h r o n o l o g y 

3 . T h e T h i r d P a r t y C l a i m a n t s h a l l l o d g e w i t h t h e 

Cuuit by 13Uli Se{jLemL>si. UU« following documents * 

3 .1 . P l e a d i n g s , S u m m o n s e s , 0 r d e r | a n d L i s t _ _ 1 

o f I s s u e s i n t h e a c t i o n . 

3 . 2 A f u l l s e t o f t h e t r a n s c r i p t s o f 

•4. 

e v i d e n c e g i v e n t o t h e T a y l o r I n q u i r y . 

3 . 3 A c o n s o l i d a t e d u n d e r l i n e d c o p y o f 

t h e I n t e r i m a n d F i n a l R e p o r t s o f 

t h e T a y l o r I n q u i r y .

1 Y -JU L -J.3 3 * ) iO “ 4r nMI'll'IUINU OULILIMKLI3 < it. f*4 u r > 4 t r . kk> 

3 . 4 A c o p y o f t h e c o m p o s i t e v i d e o 

p r e p a r e d b y t h e W e s t M i d l a n d s P o l i c e 

a n a p r o d u c e d t o t h e T a y l o r Inquiry. 

3 . 5 C o p i e s o f t h e f o l l o w i n g p h o t o g r a p r s 

w h i c h w e r e a v a i l a b l e t o t h e T a y l o r 

I n q u i r y : 

3 .5 .1 S o u t h Y o r k s h i r e P o l i c e 

d o c u m e n t s 1 a n d 1 0 . 

3 .5 .2 S o u t h Y o r k s h i r e P o l i c e 

c o m p o s i t e b u n d l e s I a n d I I . 

3 .5 .3 W e s t M i d l a n d s P o l i c e 

c o m p o s i t e b u n d l e s 1 a n d 2 . 

3 . 6 A C e r e 3 u n d l e o f d o c u m e n t s , i n c l u d i n g 

t h o s e i n s e r t e d p u r s u a n t t o c l a u s e 

2 . 1 a n d a C h r o n o l o g y , i n c l u d i n g 

e v e n t s i n s e r t e d p u r s u a n t t o c l a u s e 

2 .2 . 

3 . 7 A b u n d l e o f S t a t e m e n t s u p o n w h i c h 

t h e p a r t i e s h a v e i n d i c a t e d a n 

i n t e n t i o n t o r e l y , t o g e t h e r w i t h a. 

l i s t o f w i t n e s s e s w h o s e e v i d e n c e t o 

t h e T a y l o r I n q u i r y i s t o b e 

s p e c i f i c a l l y r e l i e d o n . T h e l i s t 

w i l l i n d i c a t e w h i c h p a r t y r e l i e s : n 

t h e e v i d e n c e a n d w h e t h e r a n y p a r t y 

h a s r e q u i r e d t h e w i t n e s s t o a t t e n d 

f o r c r o s s e x a m i n a t i o n .

17-JUL-1990 16:48 HAMMOND SUDDARDS 0274 737547 P. 06 

v 3 A c o n s o l i d a t e d r l a n p r e p a r e d f r o m 

t h e p l a n s p r o d t r e d t o t h e i n q u e s t 

h e a r i n g s i d e n t i f y i n g ( s o f a r a s 

* 

k n o w n ) t h e l a s t k n o w n p o s i t i o n 

a l i v e o f e a c h c f t h e d e c e a s e d a n d 

t h e p o s i t i o n i n w h i c h e a c h 

d e c e a s e d w a s f i r s t i d e n t i f i e d 

d e a d . 

} ^ V. B e f o r e 1 5 t h S e p t e m b e r , 1 9 9 0 e a c h p a r t y s h a l l 

J 

\ d e l i v e r t o t h e C o u r t a c o p y o f e a c h e x p e r t 

r e p o r t r e l i e d u p o n , m a r k e d a g r e e d o r n o t a g r e e d . 

A r r a n g e m e n t s b e m a d s f o r a n i n s p e c t i o n o f t h e 

I 

H i l l s b o r o u g h f o o t b a l l g r o u n d b y t h e T r i a l J u d g e 

a n d t h a t t h e L e p p i n c ; L a n e t e r r a c e s ( i n c l u d i n g 

a l l b a r r i e r s , f e n c e s a n d g a t e s ) b e p r e s e r v e d 

u n t i l s u c h i n s p e c t i o n i n t h e i r p r e s e n t 

c o n d i t i o n s a v e i n r e s p e c t o f a n y d e s t r u c t i v e 

t e s t i n g o f m a t e r i a l s v h i c h i s a g r e e d t o b y a l l 

p a r t i e s . 

7 

L i s t s o f a u t h o r i t i e s t o b e e x c h a n g e d b y 

2 2 n d S e p t e m b e r a n d l i d g e d w i t h t h e C o u r t . 

D A T E D t h e 1 7 t h f a y o f J u l y 1 9 9 0 

T O : T h e F i r s t T h i r d I n i s S u m m o n s w a s t a k e n o u t 

P a r t y D e f e n d a n t ’ s b y H a m m o n d S u d d a r d s , 

S o l i c i t o r s a n d t o 1 0 P i c c a d i l l y , 

t h e S e c o n d T h i r d B R A D F O R D B D 1 3 I» R . 

p a r t y D e f e n d a n t ' s R e f . P C M 

S o l i c i t o r s S o l i c i t o r s f o r t h e T h i r d 

P a r t y C l a i m a n t


Q U E E N ' S 


L I V E R P O O L D I S T R I C T R E G I S T R Y 

T N T H E H A T T E R O F T H E D I S A S T E R A T 

H I L L S B O R O U G H S T A D I U M O N 1 5 T H A P R I L . 1 9 8 9 

A N D 

I N T H E M A T T E R O F T H I R D P A R T Y 

P R O C E E D IN G S I N T H E C A S E S O F J O A N C H A P M A N 

A N D L I N D A M A R Y R I M M E R _______________________ 





a n d 


C L U B P L C 

F i r s t T h i r d P a r t y D e f e n d a n t s 

a n d 

E A S T W O O D 

& P A R T N E R S 

S e c o n d T h i r d P a r t y D e f e n d a n t s 

B E F O R E T H E H O N O U R A B L E M R J U S T I C E J O W IT T 

s i t t i n g a t N e w c a s t l e 

U P O N H E A R IN G C o u n s e l 

f o r t h e p a r t i e s 

i r I S O R D E R E D t h a t : 

1 . 1 T h e r e b e l e a v e f o r t h e T h i r d P a r t y C l a i m a n t t o 

a m e n d a n d r e s e r v e t h e T h i r d P a r t y S t a t e m e n t s o f 

Clair; against each Third Party Csfirzant in

a c c o r d a n c e w i t h t h e d r a f t 

a n n e x e d t o t h e S u m m o n s 

d a t e d 3 r d J u l y 1 9 9 0 . 

1 . 2 T h e r e b e l e a v e f o r e a c h T h i r d P a r t y D e f e n d a n t t o 

m a k e c o n s e q u e n t i a l 

a m e n d m e n t s t o t h e T h i r d P a r t y 

D e f e n c e s a n d t o r e s e r v e w i t h i n 1 4 d a y s . 

1 . 3 C o s t s t h r o w n a w a y b e t h e T h i r d P a r t y D e f e n d a n t s ' 

i n a n y e v e n t . 

2 . B e f o r e 1 s t A u g u s t , 1 9 9 0 t h e T h i r d P a r t y C l a i m a n t s h a l l 

s e r v e o n e a c h o f 

t h e T h i r d P a r t y D e f e n d a n t s a d r a f t I n d e x 

t o a C o r e B u n d l e ( i n c l u d i n g v i d e o m a t e r i a l , p l a n s a n d 

p h o t o g r a p h s ) a n d a d r a f t C h r o n o l o g y a n d t h e T h i r d P a r t y 

C l a i m a n t w 

i l l p r o v i d e w i t h i n 4 8 h o u r s a c o p y o f a n y 

d o c u m e n t s o l i s t e d i f r e q u e s t e d . 

3 . B e f o r e 2 2 n d A u g u s t e a c h o f t h e T h i r d P a r t y D e f e n d a n t s 

w i l l s e r v e o n t h e T h i r d P a r t y C l a i m a n t : 

3 . 1 A l i s t o f a n y f u r t h e r d o c u m e n t s ( i n c l u d i n g v i d e o 

m a t e r i a l , p l a n s a n d p h o t o g r a p h s ) w h i c h t h e y w i s h 

t o b e i n c l u d e d 

i n t h e C o r e B u n d l e a n d e a c h T h i r d 

P a r t y D e f e n d a n t w i l l , i f r e q u e s t e d , p r o v i d e w i t h i n 

4 8 h o u r s a c o p y o f a n y d o c u m e n t s o l i s t e d . 

3 . 2 A l i s t o f a n y f u r t h e r e v e n t s t o b e i n c l u d e d i n t h e 

C h r o n o l o g y a n d o f a n y p r o p o s e d a m e n d m e n t . 

4 . The Third Party Claimant shall lodge with the Court by

1 5 t h S e p t e m b e r t h e f o l l o w i n g d o c u m e n t s : 

4 . 1 P l e a d i n g s , S u m m o n s e s , O r d e r s a n d t h e L i s t o f 

I s s u e s 

i n t h e a c t i o n a n d R e s p o n s e s a n d t r a n s c r i p t s 

o f t h e I n t e r l o c u t o r y h e a r i n g s . 

4 . 2 A f u l l s e t o f t h e t r a n s c r i p t s o f e v i d e n c e g i v e n t o 

t h e T a y l o r I n q u i r y . 

4 . 3 A c o n s o l i d a t e d u n d e r l i n e d c o p y o f t h e I n t e r i m a n d 

F i n a l R e p o r t s o f t h e T a y l o r I n q u i r y . 

4 . 4 A c o p y o f t h e c o m p o s i t e v i d e o p r e p a r e d b y t h e W e s t 

M i d l a n d s P o l i c e a n d p r o d u c e d t o t h e T a y l o r 

I n q u i r y . 

4 . 5 C o p i e s o f t h e f o l l o w i n g p h o t o g r a p h s w h i c h w e r e 

a v a i l a b l e t o t h e T a y l o r I n q u i r y : 

4 . 5 . 1 S o u t h Y o r k s h i r e P o l i c e d o c u m e n t s 1 a n d 1 0 . 

4 . 5 . 2 S o u t h Y o r k s h i r e P o l i c e c o m p o s i t e b u n d l e s I 

a n d I I . 

4 . 5 . 3 W e s t M i d l a n d s P o l i c e c o m p o s i t e b u n d l e s 1 

a n d 2 . 

4 . 6 A C o r e B u n d l e o f d o c u m e n t s , i n c l u d i n g t h o s e 

i n s e r t e d p u r s u a n t t o c l a u s e 3 . 1 a n d a C h r o n o l o g y , 

i n c l u d i n g e v e n t s i n s e r t e d p u r s u a n t t o c l a u s e 3.2.

4 .7 .1 A l i s t o f t h e w i t n e s s e s a s i d e n t i f i e d u n d e r 

p a r a g r a p h s 3 . 3 a n d 3 . 5 o f t h e O r d e r o f M r 

J u s t i c e R o s e d a t e d 2 4 M a y 1 9 9 0 . 

4 .7 .2 B u n d l e o f t h e s t a t e m e n t s a n d t r a n s c r i p t s o f 

t h o s e , w i t n e s s e s i n 4 . 7 . 1 . 

4 . 8 T i m e f o r c o m p l i a n c e w i t h p a r a g r a p h s 3 . 3 a n d 3 . 5 o f 

t h e O r d e r 

o f M r J u s t i c e R o s e d a t e d 2 4 M a y 1 9 9 0 b e 

e x t e n d e d t o 1 5 A u g u s t 1 9 9 0 . 

5 . A c o n s o l i d a t e d p l a n p r e p a r e d f r o m t h e p l a n s p r o d u c e d t o 

t i e i n q u e s t h e a r i n g s i d e n t i f y i n g ( s o f a r a s k n o w n ) t h e 

l a s t k n o w n p o s i t i o n a l i v e o f 

e a c h o f t h e d e c e a s e d a n d t h e 

p o s i t i o n i n w h i c h e a c h d e c e a s e d w a s f i r s t i d e n t i f i e d d e a d 

b a p r o d u c e d t o T h i r d P a r t y D e f e n d a n t s b y T h i r d P a r t y 

C l a i m a n t b y 1 5 S e p t e m b e r 1 9 9 0 w i t h a v i e w t o s u c h p l a n 

b e i n g r e c e i v a b l e 

i n e v i d e n c e w i t h o u t f u r t h e r p r o o f o f 

t i o s e m a t t e r s . 

6 . B e f o r e 1 5 t h S e p t e m b e r , 1 9 9 0 e a c h p a r t y s h a l l d e l i v e r t o 

t i e C o u r t a c o p y o f e a c h e x p e r t r e p o r t r e l i e d u p o n , 

m a r k e d a g r e e d o r n o t a g r e e d . 

7 . A r r a n g e m e n t s b e m a d e f o r a n i n s p e c t i o n o f t h e 

H i l l s b o r o u g h 

f o o t b a l l g r o u n d b y t h e T r i a l J u d g e a n d t h a t 

t i e L e p p i n g s L a n e t e r r a c e s ( i n c l u d i n g a l l b a r r i e r s , 

f e n c e s a n d g a t e s ) b e p r e s e r v e d u n t i l s u c h i n s p e c t i o n in 

tieir p r e s e n t c o n d i t i o n s a v e i n r e s p e c t o f a n y 

instructive t e s t i n g of materials which is agreed to by

all parties. 

8 . L i s t s o f a u t h o r i t i e s t o b e e x c h a n g e d b y 2 2 n d S e p t e m b e r 

a n d l o d g e d w i t h t h e C o u r t . 

9 . F i t f o r t w o C o u n s e l . 

1 0 . C o s t s i n t h e c a u s e . 

D a t e d t h e 2 4 t h d a y o f J u l y 1 9 9 0 

LSUN)E3001/PCM

1989 C NO. 5925 

I N T H E H I G H C O U R T O F J U S T T C T 




H IL L S B O R O U G H S T A D I U M O N 

1 5 T H A P R I L . 1 9 8 9 _____________ 


P R O C E E D IN G S I N T H E C A S E S O P J O A N 

C H A P M A N A N D L I N D A M A R Y R IM M E R 



, S O U T H Y O R K S H IR E P O L I C E 


a n d 


C L U B P L C 

F i r s t T h i r d P a r t y D e f e n d a n t s 

a n d 

E A S T W O O D 

& P A R T N E R S 

S e c o n d T h i r d P a r t y D e f e n d a n t s 

O R D E R 

H a m m o n d S u d d a r d s 



B R A D F O R D B D 1 3 L R 

( R e f : P C M ) 

2 6 7 0 0 8 0 8 7 

L S U M D E 3 0 0 1 / P C M 

( R A P )

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W TalnîffB T “""" —r ” ——“ "—’ .■••;■. w # , r, 

MR. WOODWARD Q.C. and MR .PAYNE a p p e a re d o n h e h a l f ;o f ^ h e \ £ « r ; ^ £ g g 

mjujjmm*-£ i r mranif l‘1 I .... ‘ ....._hT in--- ~ ... ' n — "IT' .1. .... ^ I .... ...... _ y , -■ ,\r 1 > -■ ,-- • ’^vr'4, ^ - -»«*.- •»'*V •> .* *■ -r- ' > - --»c-*r*- * •'*» '. * 

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MR GLASGOW Q .C. and MR. CATCHPOLE a p p e a r e d ;» b ';b e h a l f ' *'* 

2nd D e fe n d a n t. .•- .s.^ -k ^ . r 

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MR. MAXWELL QX* and MR, VWP1PHY a p p e a re d \’on':beliiaLlf -:

D.l— SELLERS & Co. /W. LLOYD WOODLAND 

S/2504 


(QUEEN'S BENCH DIVISION) 

(Manchester Crown Court) 

Crown Square, 

Manchester. 

Tuesday 26th October 1989 

M R . 

Before; 

J U S T I C E R O S E 

J. CHAPMAN 1st Plaintiff 

and 

L.M. RIMMER. 

2nd Plaintiff 

and 

THE CHIEF CONSTABLE OF SOUTH YORKSHIRE 

and 

SHEFFIELD WEDNESDAY FOOTBALL CLUB 

and 


and 

EASTWOOD PARTNERS 

1st Defendant 

2nd Defendant 

3rd Defendant 

4th Defendant 

MR. HYTNER Q.C. and MR. KING appeared on behalf of the 

Plaintiffs. 

MR. WOODWARD Q.C. and MR. PAYNE appeared on behalf of the 1st 

Defendant. 

MR. GLASGOW Q.C. and MR. CATCHPOLE appeared on behalf of the 

2nd Defendant. 

MR. MAXWELL Q.C. and MR. MURPHY appeared on behalf of the 3rd 

Defendant. 

MR. FENWICK appeared on behalf of the 4th Defendant. 

Transcript of the shorthand notes of D. L. Sellers & Co. 

(Official Shorthand Writers to the Court) 

10 High Street, Leatherhead, Surrey KT22 8AN. 

H

T h u rsd ay , 2 6 th O ctober 1989 

D.L.. SELLERS a CO. / W. LLOYD WO O D L A N D 

A 

MR. HYTNER: In this application, I appear for the Plaintiff 

with my learned friend Mr. King. The First Defendants - 

the Football Club - are represented by Mr. Glasgow and Mr. 

Catchpole; the Second Defendants by Mr. Woodward and Mr. 

Payne. 

MR. JUSTICE ROSE: 

The Chief Constable is the First Defendant. 

MR. HYTNER: 

Yes. 

® MR. JUSTICE ROSE: Would you like to start again? 

p 

MR. HYTNER: I think I must. The First Defendant - the police 

- is represented by Mr. Woodward and Mr. Payne; the Second 

Defendants - the Club - by Mr. Glasgow and Mr. Catchpole; 

the Third Defendants - the City Council - by Mr. Maxwell 

and Mr. Murray; and the Fourth Defendants - Dr. Eastwood - 

by Mr. Fenwick, though as will appear, he is in the 

background led by Mr. Tilson. 

I take it that your Lordship knows the background, and 

although this is a hearing in open court, it is not 

necessary for me to go through the whole of the background 

facts. 

D MR. JUSTICE ROSE: Certainly not. 

MR. HYTNER: 

raise? 

Can I start with all the matters that I propose to 

MR. JUSTICE ROSE: Are you going to from the order made by Mr. 

Justice Steyn, or from some other document? 

E MR. HYTNER: In the order of the directions made. Can I deal 

with what I see at the moment as those matters that are in 

contention? 


Yes. 

F 

r 

MR. HYTNER: The first matter which exercises the Plaintiff 

very considerably is the date of trial. Can I make this 

absolutely plain because it may be that Mr. Maxwell has not 

fully taken this on board: there are four defendants. The 

history of the litigation is simple. The Plaintiff 

initially sued the city council, and the police and, the 

statement of claim was actually served. We then came 

before Mr. Justice Steyn - the club and the police - and it 

was then indicated to us that Dr. Eastwood and the council 

were going to put the blame on one or other of the 

1 . 

H

SELLERS & Co. /W, LLOYD WOODLAND 

defendants, and that there were third party proceedings 

going to be instituted. 

My Lord, the view we took was that it would simplify 

the pleadings and would speed the litigation if we then, as 

it were, took back'our statement of claim and re-served it 

not in amended form, but in original form, adding the two 

further parties as primary defendants, and so that the 

pleadings could go from there. 

Everybody thought that that was a good idea, including 

Mr. Justice Steyn. But it must be appreciated that when 

you see those pleadings, which on the face of them make it 

appear as though the primary case of the Plaintiff is 

against four defendants cumulatively. On the alternative, 

that the thrust of the Plaintiff’s case is against the 

first two defendants, and what we wish is if the other two 

defendants are going to blame the second two, we adapt the 

allegations accordingly: that is our position as against 

the council and Dr. Eastwood. 

In those circumstances, my Lord, the view that we took 

was this: that without being over-confident or arrogant 

about our case, looking at the pleadings, thus looking at 

the defence and what the defence say, it is if not 

inconceivable, almost inconceivable, that the Plaintiff 

will lose altogether; that is that they will not succeed 

against one or more defendant. We therefore have the 

adopted approach from the outset that if there was one 

defendant, and there were no defence, we could go by way of 

Rule 111. There is no procedure if there is no defence. 

We could then go for our damages to be seized my Lord. 

It is a chink in the procedures of the court through 

no fault of the court, but through the fault of Parliament 

that where you have a Plaintiff who has a case against one 

of two or more defendants, there is no means of that 

Plaintiff getting his damages by way of order 14, or by way 

of summary judgment; and therefore, the view taken by the 

Plaintiff was this: that it would be a scandal if in those 

circumstances the procedures of the court are not enabling 

the Plaintiff to get this case on fairly quickly. 

My Lord, I have to say that when this view was 

initially put, there were only two potential defendants, 

and Mr. Glasgow on behalf of the Club made it perfectly 

plain, as I think it is only fair to say, that the Club had 

been indicating throughout the enquiry that they wished to 

co-operate to get a very speedy hearing, because the view 

taken by the Club, is that taken by the Plaintiff, that all 

the facts have now been ventilated -- 

MR. JUSTICE ROSE: The situation is that before Mr. Justice 

Steyn Plaintiff - and the Second Defendants then joined - 

contemplated trial either immediately after Easter or very 

soon after Easter.

D.L. SELLERS & Co. /W. LLOYD WOODLAND 

MR. HYTNER: That is right. I start from there. Two things 

have now happened. The first is that Well three 

things. The first is the date has been moved to June. 


By whom? 

MR. HYTNER: I do not know, but it is now said that it is not 

Easter; it is June 

B MR. JUSTICE ROSE: By whom? 

MR. HYTNER: 

I think the Court. 

MR. JUSTICE ROSE: The Court has not said anything. We are 

here to consider today. 

C MR. HYTNER: I am grateful. 


The Court certainly never said that. 

MR. HYTNER: I am very grateful and pleased to hear that, 

because so far as we are concerned, we would still press 

for Easter. 

D 

E 

The two things, as I understand it, are now going to 

be said: one by the First Defendants, and one by the Fourth 

Defendants. 

The Fourth Defendant wishes the case to be put over to 

next October. I leave Mr. Fenwick to deal with that, and I 

leave Mr. Glasgow to put his case on that. I anticipate 

that he will support me in my application for a very speedy 

trial. 

My Lord, the next matter is rather more serious 

because it has been raised this morning for the first time 

by Mr. Woodward. I make no complaint about him. It is the 

first time, no doubt, that he has been able to raise it. 

He does not want the case to be put off until October. The 

„ South Yorkshire Police do not want the case on at all. 

They wish to apply for a stay of the proceedings. 

G 

H 

My Lord, I make no bones about this. One has to be 

very careful of using the term "the police" because that is 

a term which includes the police, for example, who did the 

investigative enquiry on Hillsborough. The policemen and 

policewomen -- 


Go on, Mr. Hytner. 

MR. HYTNER: The South Yorkshire Police through their 

representative, my Lord, if one reads the report of Lord 

Justice Taylor, it is perfectly plain that they have done 

nothing to speed enquiries; to assist enquiries; or 

anything of the sort. As I understand it, it is now going 

to be said that their enquiries into this litigation - the 

3 .


i 

A 

B 

C 

D 

k 

p 

G 

H 

civil litigation - are going to be hindered in some way by 

the pending disciplinary proceedings, and the pending 

criminal proceedings, if they are brought against one two 

or more police officers in Sheffield. 

My Lord, the submissions that I make (and I anticipate 

they are going to be supported by Mr. Glasgow) are these: 

firstly this is simply an extension of the obstructive 

attitude shown by the same party throughout the enquiry. 

Secondly, all the relevant evidence has already been 

collected; and indeed not only collected by the West 

Midlands Police who investigated, but by Lord Justice 

Taylor in public. It is, in our submission, inconceivable 

that it could now be said, unless South Yorkshire Police 

will say they failed to produce relevant evidence to Lord 

Justice Taylor, that there is no relevant evidence which 

cannot now be obtained because some police officers are 

being investigated. 

My Lord, the submission that I make, and think with 

support, is this: that any investigation at the moment 

being made will be to interpret the facts already 

investigated publicly and considered by Lord Justice 

Taylor. 

MR. JUSTICE ROSE: In any event, questions from those can be 

put before whoever tries this case. 

MR. HYTNER: My Lord, what we would consent to concede is this: 

that if anything is going to be said, or might be said, in 

interlocutory proceedings which could affect the mind of a 

jury in the future hearing some criminal proceedings of 

which we do not yet know, so far as we are concerned, and I 

suspect so far as Mr. Glasgow is concerned, we should 

consent to interlocutory proceedings being in chambers 

rather than open court. We say it would be indefensible if 

the police can say now that the proceedings should be 

stayed with this caveat: if it is accepted realistically by 

those who are conducting the,litigation on behalf of the 

four parties that at the end of the day it is a question of 

who pays the Plaintiffs, and not whether the Plaintiffs are 

going to be paid at all, it would save a great deal of time 

and money in costs, and would be far better for the 

Plaintiffs, if the four defendants were jointly to say "We 

consent to summary judgment. The Plaintiffs can go away 

and we can then at our leisure determine which of us is 

liable, and in what proportions". But my Lord unless that 

is done, I propose a speedy trial. 

My Lord, going on, because I think it is only right I 

should indicate that in our submission it is possible for a 

speedy trial in this case. Mr. Justice Steyn made a 

suggestion. It was not a direction, and he was very 

careful not to elevate it, but we now ask for a direction. 

The direction that we seek follows his suggestion that the 

facts found by Lord Justice Taylor should be prima facie 

4 .


/ 

V 

A evidence of these findings. Any party who disputes the 

findings has liberty to do so. This is not civil 

lititation, as it were, tried by Lord Justice Taylor in the 

enquiry; but any party who disputes the findings of Lord 

Justice Taylor must list these findings, and therefore each 

party knows what is they are to be faced with. 

B 

My Lord, in those circumstances, it is anticipated 

that in the test case; in the two test cases relating to 

deaths in pens three and four, the Plaintiff would actually 

have to call very little if any evidence. 

MR. JUSTICE ROSE: If I may interrupt there. There was a 

suggestion there would be a third test case. 

MR. HYTNER: I am sorry, there is going to be such a test case. 

C There are difficulties in selecting the right one. My 

Lord, it may be that the test cases in relation to those 

injured outside the ground will not play much part, as 

further investigation seems to suggest that there were few 

people injured outside the ground or any thereafter injured 

within the ground very seriously. 

D 

MR. JUSTICE ROSE: If there is to be a third test, and if it 

has not been selected, and if it follows that the pleadings 

are not before me, it is difficult for me to give 

directions as to when that should be tried. 

MR. HYTNER: It was always hoped that would be tried 

immediately following the test cases in relation to the 

deaths inside the ground. 

E 

F 

MR. JUSTICE ROSE: No doubt. 

MR. HYTNER: I concede until we have selected the case and got 

the pleadings before you, very little can be done, but what 

I would say is that if there are test cases, a test case in 

relation to injuries outside the ground, some evidence 

would still have to be called by the Plaintiff. 

MR. JUSTICE ROSE: I am not minded, frankly, unless you see to 

persuade me to the contrary, to contemplate doing anything 

in relation to the three test cases today. 

MR. HYTNER: I agree. I am not asking for any directions in 

respect of a case that has not been brought. 

G 

MR. JUSTICE ROSE: Very wise. 

MR. HYTNER: It would not get very far; but in relation to the 

two cases before you, we anticipate that it would not be 

necessary if Mr. Justice Steyn's suggestion is now 

converted into a direction that there would be much, if any 

evidence called by the Plaintiff. 

H 

5 .

D.L.SELLERS & Co. /W. LLOYD WOODLAND 

A MR. JUSTICE ROSE: Have I got the power to give such a 

direction? 

MR. HYTNER: I am not sure without the consent of the parties 

that you can; and that is one of the problems now, my Lord. 

B 

C 

MR. JUSTICE ROSE: What you mean is that without the consent of 

the parties, I have not got the power? 

MR. HYTNER: I think that is right unless somebody else can 

point to some procedure that I know not of. I anticipate 

that Mr. Glasgow and the Football Club will support that 

direction. In other words, they would consent. We clearly 

consent. The suggestion has been made by Mr. Fenwick that 

yes all right he does not really object to that, but he 

thinks it better for the Plaintiff to set out these 

findings that he wants to be supported or wants to adopt, 

and then it is for the defendants to say whether they agree 

with those findings or not. That seemed to put it the long 

way round. If that were the only way of getting this 

agreed, my Lord, we would naturally agree as a second best; 

but Mr. Justice Steyn's suggestion seems to us to be 

sensible. 

D There are those findings by Lord Justice Taylor. Have 

we really got to produce evidence? To take one simple 

example, my Lord, it was found by Lord Justice Taylor that 

a police officer, several police officers, made an error - 

and a material error - in ordering the gates to be opened 

to let in the influx of spectators without first closing 

off the passageway into pens three and four. Have I really 

got to produce evidence that that police officer admitted 

E doing that when he was giving his evidence? It is a 

pointless exercise, and it would be a great shame if the 

other three defendants did not support Mr. Glasgow in his 

agreement with us that this should be done. That is the 

first thing. 

p 

The second thing we ask, which I anticipate will not 

be objected to by any of the parties, is that the 

transcript of the evidence at the Hillsborough Enquiry 

should be evidence of what was said at the Enquiry. That 

is a perfectly usual order made, and was made in relation 

to the inquest notes -- 

MR. JUSTICE ROSE: Yes. It is accepted as accurate? 

G MR. HYTNER: A true record not of the truth of what was said. 


Yes. 

H 

MR. HYTNER: Lastly, there are the pleadings. Now, the reason 

that perhaps, in greater detail than should have been 

necessary, I made it plain at the outset that the primary 

case of the Plaintiff is against the first two defendants 

is this: that in his statement of claim Mr. King, in a

( 


manner which I would submit is perfectly usual and 

professional in this case, has simply repeated and adopted 

against in a proposed amendment, my Lord, which we have 

here. 

B 

Gan I turn to the Chapman case. What Mr. King has 

done is firstly he has adopted certain allegations made 

against the First Defendant in the defence of the Second 

Defendant which Mr. King has not changed. I have to admit 

my own had in case was to be included in the original 

statement of claim. As far as I know, Mr. Woodward does 

not complain about the manner of that pleading. My Lord, 

what has been said is that the Second Defendant says that 

yes he may have been an occupier but, in the circumstances, 

the First Defendant was also an occupier. We had not 

thought of that. 

MR. JUSTICE ROSE: Anyway, you are seeking leave to amend? 

MR. HYTNER: Yes, but if your Lordship goes on, you see that in 

paragraph J, which is the particulars of the negligence of 

the Fourth Defendants that is -- 

D 

MR. JUSTICE ROSE: Which page is that? 

MR. HYTNER: I am sorry. Page 21. 

MR. JUSTICE ROSE: Page 21, paragraph J? 

MR. HYTNER: No. If you look at paragraph A, you see Mr. King 

has pleaded our own allegations against Dr. Eastwood, but 

we then see what is actually being said .against him by 

those who actually blame him, but now, turning to page 23, 

you see Mr. King has repeated and adopts -- 


Yes. 

MR. HYTNER: Now, it appears that Mr. King slightly jumped the 

gun, because the second Third Party Notice apparently had 

that difference, and it may be that this difference has not 

actually been served, but this is a draft that we have 

seen, and I understand that Mr. Fenwick objects to that way 

of pleading the case against him. My Lord, I am not going 

to make a great deal of fuss about this. If it appears 

that is an unfair way of pleading the case against him, and 

Mr. King has to sit down and write out all the allegations 

seriatim in the statement of claim, Mr. King will do so. 

MR. JUSTICE ROSE: Mr. King is entitled to know which version 

you are relying on and draft that. 

H 

MR. HYTNER: That is not a problem. Mr. King that had been 

served. It has been served now. I leave Mr. Glasgow to 

deal with the interesting problems relating to the inter 

parties pleadings. They are not part of my concern. 

7 .

D.L.SELLERS & CO. /W. LLOYD WOODLAND 

^ MR. JUSTICE ROSE: It may or may not have been served? 

MR. HYTNER: I may have been served without leave. I think 

that is the situation* I simply say this: if at the end 

your Lordship is persuaded that this is an unfair way of 

pleading against Mr. Fenwick, we will, as I say, plead 

seriatim, but for the time being, all I need is to ask for 

leave to amend this statement of claim in the way in which 

B they have already been amended. That is really all I have 

to say on the directions for the trial. 

MR. JUSTICE ROSE: Before you go on, what is your estimate of 

length of this trial? It depends on what happens in Lord 

Justice Taylor's report. 

C 

MR. HYTNER: Yes. If the findings in the report can be relied 

on, the Plaintiffs' case should not last more than a day, 

day and a half, but the Defendants' case again depends upon 

how much oral evidence they propose to test over and above 

the findings they actually had in the report. 


case. 

I am not concerned just with the Plaintiffs' 

D MR. HYTNER: I have to say bluntly, I hope I am not being over 

pessimistic about the First Defendant, but frankly, bearing 

in mind the way in they conducted the enquiry, bearing in 

mind the way in which they conducted themselves since this 

litigation started, my Lord, I have to say this: it depends 

on how far they are going to contest each and every finding 

in the repeort. 

E MR. JUSTICE ROSE: As at this stage, has there been any 

exchange of experts reports? 

MR. HYTNER: As far as we are concerned, we do not have any. I 

do not know whether the defendants have exchanged reports 

or not. 

P MR. JUSTICE ROSE: I tell you unless by the time I have heard 

everybody, I have an approximate view of the length of this 

case, it makes it impossible to fix it. 

MR. HYTNER: I agree, but all I can say is -- 


You are the one that wanted a speedy trial. 

G MR. HYTNER: I know we wish the trial to proceed with some 

speed because what we say is the facts before the court. 

The findings are virtually incontestable unless one or 

other of the parties is going to stand up and say "We 

contest there is going to be a sort of technical issue in 

relation to the barrier", I cannot assist on how long that 

will take. There will be experts on each side talking 

about facts that we know of: on what happened inside the 

H ground. We all know. If, as I say, the police will say 

8 .


A 

"Oh well, we don't accept the gates were open and floods 

people came in", the actual people in pens three and four, 

it could last a year. But if what they are going to say is 

"Well, yes those are the findings and we accept this 

happened but it was not our fault, it was the fault ofthe 

club", I would have thought the case will not take more 

than two to three weeks. 

g MR. JUSTICE ROSE: The estimate that was given when the matter 

was before Mr. Justice Steyn by the parties appearing 

before him was six weeks. 

MR. HYTNER: Again, I do not know on what proposed evidence 

they based that estimate on. As I say -- 


£ joint estimate. 

I may be wrong, but I assumed that was a 

MR. HYTNER: 

Oh yes, I was party to that. 


That is what I thought. 

MR. HYTNER: But looking at it sensibly, the barrier will take 

a little time. It will not take any time for the Plaintiff 

D because we will not be taking any part in it. My Lord, I 

anticipate that experts called by the three parties or four 

parties in relation to the barriers will have to give 

evidence of that, and this could take a week for the 

remainder. As I say, much depends on the approach of the 

First Defendants to the findings of Lord Justice Taylor. 

How far are they going to say he was quite wrong to find A, 

B, C, and D; or how far are they going to say "We agree 

E with that and we are not going to go through that again but 

it was not our fault it was the fault of the Club. It was 

the fault of Dr. Eastwood or the city council". If that is 

their approach, I would have thought six weeks was a very 

fair and liberal estimate. 


Thank you. 

F MR. HYTNER: Can I deal with one matter which does not affect 

my learned friends in any way. They may think that this is 

wholly ambitious thing to be raising, but as your Lordship 

knows, there has been a public fund for the victims of 

Hillsborough. The various Plaintiffs will be entitled to 

seek assistance from the fund, so that it follows that if 

any Plaintiff wins; if one Plaintiff wins they all win. 

£ They will already have, or they may already have, if they 

are infants. A trust deed has already been drafted by 

Chancery Counsel for the proceeds of the fund. 

H 

What my solicitors were considering was this: that in 

the event of an infant Plaintiff succeeding in obtaining 

damages, an application would then be made on grounds of 

commonsense that since there is already a trust fund in 

existence for that infant, the damages should be

D.L.SELLERS 8tCo. /W. LLOYD WOODLAND 

^ transferred to the trust fund rather than the court. Now, 

as your Lordship knows, there was a time not all that long 

ago when it was common both for infants and parents that 

trust funds were set up and judges, if they approved the 

trust deed, would agree to the transfer of the damages to 

the trust fund. As your Lordship knows, the practice in 

relation to parents has now been disapproved, but it has 

not been disapproved in relation to infants. Therefore, 

B there is no reason why the damages for an infant still 

cannot be placed in the trust fund. 

C 

D 

MR. 

My Lord, what I was minded to ask your Lordship was 

this, not today because it would not be right or fair to 

ask your Lordship to look at it today, but if your Lordship 

were say minded Would your lordship agree to an 

application being made for approval of the trust deed 

which, of course, relates to the trust fund set up under 

the bill that the approval of that be for the purposes of 

damages being transferred to it in the event of damages 

ever being recovered. I only -- 

JUSTICE ROSE: I think it is hypothetical. I am 

sympathetic to the application you make, and it may be - I 

put it no higher than that - it will be, in the special 

circumstances in this case, proper for any money which may 

be recovered to go into such a trust fund, but at the 

moment, I think there are several hurdles. 

k 

MR. HYTNER: I appreciate that. I have made the difficulty 

plain. Obviously, in the ordinary way, it would be very 

wrong to go in advance. We wondered if you would approve 

the trust deed on behalf of this case, and the peculiar 

circumstances are that it relates to a trust fund that is 

going to be set up. My Lord, it would be unfortunate if 

the fund were set up on the basis of the deed, and then in 

a years time your Lordship were to look at it and say well 

I would have agreed to transfer the damages to this fund 

but I do not like that -- 

p MR. JUSTICE ROSE: I can follow that, but I doubt if the 

Court has power to deal with something which does not 

immediately arise from these proceedings. 

G 

H 

MR. HYTNER: It would be not in relation to matters that are 

not affected by the proceedings, but yes if that were the 

trust deed. I can see no problems, but it is a matter for 

the trustees of this fund what they do with their money; 

but if you are going to ask for evidence for the purposes 

of damages, I do not like thatparticular clause. We could 

then consider changing it. That is the point. 

MR. JUSTICE ROSE: Mr. Hytner, all I shall say is that those 

responsible for drafting the trust deed must have in mind 

the possibility that monies may come into it from another 

source. 

1 0 .

i 

v 

D.L.SELLERS 8cCo. /W. LLOYD WOODLAND 

. M R . H Y T N E R : M y L o r d , t h a t i s w h a t I w a n t e d t o k n o w f r o m y o u r 

Lordship. There is no purpose in putting the matter before 

your Lordship in due course without the power, without 

counsel present who has drafted the deed. 

M R . J U S T I C E R O S E : Not yet is the answer to that. 

M R . H Y T N E R : A s l o n g a s I k n o w . T h o s e a r e t h e m a t t e r s I w i s h 

B t o r a i s e o n t h e p r e t r i a l r e v i e w . I l e a v e i t u p t o m y 

C 

f r i e n d s t o d e a l w i t h i t . 

MR. WOODWARD: We came to Manchester to deal with a pre trial 

review. On arrival at Manchester, we met with a problem 

that gives rise to the first application that I make on 

behalf of the First Defendant. I am applying for a stay in 

these proceedings. 

Before coming to the detail of that, having listened 

carefully to what my learned friend Mr. Hytner said, I 

understand what he was saying concerning the conduct of the 

police at the enquiry, I am perplexed at what he is saying 

concerning the conduct of the police in relation to these 

proceedings, because as far as we are aware, there has been 

no dragging of feet, and no endeavour to hold up 

D proceedings at all until that which I am now about to deal 

with. 

It is no secret that there are criminal investigations 

being carried out by the Director of Public Prosecutions, 

and also there are investigations being carried out with 

the Police Complaints Proceedure. Those investigations are 

criminal investigations and are in the hands of the West 

k Midlands Police. My Lord, in the hand of the Assistant 

Chief Constable Mr. Mervin Jones, may I hand to your 

Lordship a letter that those instructing me received from 

Mr. Mervin Jones concerning that enquiry, dated 23rd 

October 1989. Substantially, that letter deals with and 

arises from questions and enquiries concerning the 

investigation, or the facility for investigation, of an 

p examination of the barrier; but my Lord, if one looks at 

the first paragraph through to the second paragraph 

"My Chief Constable's knowledge of the circumstances 

in respect of the barrier is not yet determined". 

M y L o r d , i f o n e g o e s t o w a r d s t h e b o t t o m o f t h a t p a g e , 

t h e m a t t e r r e l a t e s t o i n v e s t i g a t i o n o f t h e b a r r i e r . M y 

L o r d , i t s a y s : 

Once a decision has been made, 

H 

it may be considered appropriate for a meeting to be 

called". 

11.


I 

Then we come to the final paragraph: 

"On Thursday, 26th October, before Lord Justice Rose 

nor a decision made by the Director of Public 

Prosecutions". 

B 

C 

Ordinarily, my Lord, the Chief Constable is entitled 

t0 call upon all his officers and require them to cooperate 

in relation to any investigation. He may be 

involved in the conduct of civil proceedings, and the 

officers would be required to comply and give statements. 

Those instructing me have been in touch with the 

solicitors for the Police Federation; Messrs Russell Jones 

and Walker. May I hand to you a letter which was faxed 

yesterday to those instructing me, although it is dated 

24th October 1989,from those solicitors. The date and time 

are at the top according to the fax. That letter reads: 

(THE LETTER WAS READ) 

D 

E 

MR. JUSTICE ROSE: Presumably the statements have already been 

tendered to your good selves? 

MR. WOODWARD: May I also add that almost immediately the 

Hillsborough Disaster occurred, the West Midlands Police 

were involved in an investigation. The whole of the matter 

was taken out of the hands of the South Yorkshire Police, 

and all the material and statements they had got was 

furnished to the West Midlands Police, whereupon the matter 

was investigated, and is still being investigated, as it 

would appear from Mr. Mervin Jones' statement by the West 

Midlands Police. 

MR. JUSTICE ROSE: I follow. The information was handed over. 

Afe you saying no copies were kept? 

MR. WOODWARD: No. Statements were taken and the police got 

P all they had as far as they could. There then came a break 

in the matter, and the conduct of the investigation was 

handed over to others, and it was not carried out by the 

South Yorkshire Police. They did what they could, and it 

would be unreasonable for them to have sat back and done 

nothing. They did not do anything they got on with it as 

far as they were able to my Lord. The consequences of this 

is that having regard in particular to orders of Mr. 

G Justice Steyn Does my Lord have before him section A of 

the order of Mr. Justice Steyn? 


Yes. 

H 

MR. WOODWARD: Requiring the exchange of all statements of 

witnesses relied upon within six weeks after the close of 

pleadings. In so far as such statements already given, 

such exchange should be by reference to such statements. 

12.

D.L. SELLERS 8cCo. /W. LLOYD WOODLAND 

Now, the police officers did give evidence before Lord 

A Justice Taylor. Statements they had signed were available 

and all the parties were furnished with them. 

B 

The enquiry took place within about four weeks of the 

disaster happening. Police officers did give their 

evidence, and what they said I suspect is there recorded 

for ever. But given the situation, it is likely there are 

officers who would wish to stand qualified and modify that 

which they have earlier stated. 


can think of. 

That happens in every civil litigation one 

MR. WOODWARD: It does; as in all civil litigation one can 

think of, ordinarily enquiries are made and the witnesses 

are seen, and the matter is taken up as a matter of 

procedure in order to deal with the points raised in so far 

as they can be anticipated, and deal with points as they 

emerge which have not been anticipated. 

The effect of that letter from those acting for the 

Police Federation is an indication that these officers will 

not co-operate, and will not answer, and will not be 

D prepared to give statements. That severely embarrasses, in 

our submission, the preparation and presentation of the 

evidence of the First Defendant. 

MR. JUSTICE ROSE: It goes further than that: it says they are 

not prepared to advise the officers to give oral evidence 

in a civil trial that might come in conflict with — - 

E MR. WOODWARD: There might be difficulties over that, but one 

would hope one would not have to wait until the officer had 

taken the oath before it was known exactly what he was 

going to say. 

This touches upon another point Mr. Hytner raises, and 

that is the status of the Taylor Report, if I might call it 

that, my Lord. I will turn to our submissions in respect 

* of that in a moment, but it seems that what the Plaintiff 

and everybody ought to put their minds to is the 

identification of those facts and issues which will not be 

in dispute. That is a thing which we would support and 

would do our utmost to attend to. 

The position is this: given the tone of that letter, 

£ effectively the Chief Constable is unable to prepare for 

his case - for his defence - to satisfy those matters set 

out in Mr. Justice Steyn's order, being procluded from 

being able to approach those officers identified, and that 

is a serious embarrassment. 

H 

MR. JUSTICE ROSE: I do not follow that, Mr. Woodward, because 

the direction of Mr. Justice Steyn relates to the mutual 

13.


. exchange of statements already given at the Lord Justice 

Taylor Enquiry. 

B 

MR. WOODWARD: With respect, my Lord, I am not sure that is, 

with respect, the proper reading of it. The mutual 

exchange by parties' of all statements or witnesses of fact 

relied upon within six weeks after the close of pleadings. 

As I understand the case, in so far as such statements have 

already been given at the enquiry such exchange be by 

reference to such statements. In otherwords, they having 

given evidence, all you see is the statement he gave; but 

it is the first part of that order that we will not be able 

to comply with. 


Yes. 

C N R * 

D 

^ 

WOODWARD: My Lord, that also affects the expert evidence. 

It does not touch so much upon the consultant engineer, but 

my Lord he will require to know, and does require to know 

certain details from certain officers. It cannot touch 

upon metallurgists, but it does touch upon questions of 

safety. The third expert category allowed for in these 

circumstances. My Lord, it is unlikely that we will be 

able to comply certainly with the category C type expert 

evidence, but my Lord, to a lesser degree with the 

requirement concerning the consultant engineer's evidence. 

There is another difficulty in relation to that which I 

will come to, which does not arise out of this predicament 

presented by the decision of the police officers. 

My Lord, the application to stay, although that is 

important here in that the purpose is to protect these 

police officers, that would be an application, having 

regard to the case, which if they thought they were in 

difficulty, they would have to make themselves. We do not 

have, on behalf of particular police officers, to make that 

application; but it is in relation to the preparation of 

this trial. 

F 

The preparation of this is not entirely a D.P.R. 

Future Limited type case, found at 1989 1 W.L.R, page 778, 

when the court was concerned to deal with an application 

for stay by certain directors of the company who considered 

that they might be prejudiced in the criminal matters were 

were there to be a trial of the action. In that case it 

was held they could be protected by other orders, by 

matters being dealt with in camera, giving orders 

G concerning confidentiality. It is in relation to the 

decision of the Chief Constable that we are finding 

ourselves embarrassed, and with the prospect of being 

unable properly to prepare our case, and unlikely to be 

able to comply with the orders of Mr. Justice Steyn. 

H 

MR. JUSTICE ROSE: One problem is that there is no indication 

in either of the letters which you have given to me of how 

long the enquiries may take. 

1A.


( v 

MR. WOODWARD: That is indeed right. That is a grave problem, 

A 

my Lord. The director as written in part in relation to 

the question of inspecting the barriers because there was 

some concern about the integrity of that material on 25th 

October 1989. Perhaps for completeness my Lord should see 

that letter. It gives no indication of the sort of time 

that these investigations may be expected to occupy. 

B MR. JUSTICE ROSE: Thank you. 

q 

MR. WOODWARD: It is really the first part of the letter if it 

was possible,one might expect him to indicate it will only 

be a matter of weeks, or it will be a long time, but he has 

not. From the indication given by Mr. Mervin Jones, these 

enquiries have a long way to go, so he cannot say there is 

little prospect of this difficulty disappearing. We are 

embarrassed, and it is on that ground that we ask for a 

stay of these proceedings. 

I start with that application. It is one that is 

necessarily important because in the circumstances, we 

cannot properly prepare the case, nor can we comply with 

the orders that have so far been made. 

D MR. JUSTICE ROSE: Just reverting for a moment to the question 

of expert evidence in relation to safety; was any evidence 

in relation to that advanced before Lord Justice Taylor on 

behalf of the police? 

E 

MR. WOODWARD: No, there was no evidence advanced; no positive 

evidence advanced by any of those who are now before my 

Lord. At the hearing, all the evidence was called by 

counsel to the enquiry, and the matter was dealt with very 

quickly. There was no evidence put before the enquiry on 

the question of barriers or safety, save to the best of my 

recollection, Dr. Eastwood himself. There was material 

from the Health and Safety Executive. Their investigations 

were not, at the time the enquiry concluded, complete. 

There was evidence put before Lord Justice Taylor 

concerning the ordinary standard of care and the degree of 

skill that should have been exercised. 


Yes. 

G 

H 

MR. WOODWARD: The Chief Constable wishes this matter to be 

kept at that. No impediment has been placed by the Chief 

Constable or those acting on his behalf, so far as we are 

aware, in the progress of this lititation until I rose to 

my feet at this moment. 

The statement of claim was served on 11th August. 

Defence was served on 22nd September. The reply, which the 

Plaintiff asked for time to be extended, was served on 20th 

October 1989, and so pleadings have not yet quite closed. 

We have not sought to hold the matter up. We only make 

this application because of embarrassment and fear that we 

15.

D.L. SELLERS 8c Co./W. LLOYD WOODLAND 

/ 

V 

. will not be able to properly present the case, or comply 

with the orders. 

deal with -- 

Would it be convenient if I went on to 


everything. 

Yes, we will have each counsel in turn on 

B 

MR. HYTNER: It may save a lot of time if I ask Mr. Woodward to 

explain his first application to this extent: is he saying 

that the Chief Constable will be embarrassed in the 

preparation of the case against the Plaintiff, or the other 

defendants, or both? 


He is putting it globally 

C 

MR. HYTNER: If he is saying against the Plaintiff, I wonder if 

he could assist us and your Lordship by indicating which of 

the allegations that the Plaintiff makes against the Chief 

Constable he is going to -- 

MR. JUSTICE ROSE: I think you better let Mr. Woodward make his 

application as he wishes to. 

D 

MR. HYTNER: Very well. 

MR. WOODWARD: We make it globally in respect of the proper 

presentation of the Chief Constable's case. 

i 

F 

G 

H 

If I may, with respect, draw your Lordship's attention 

to Mr. Justice Steyn's order. I have made the point in 

relation to 4. We would have hoped to be able to comply 

with that, but there is a difficulty about it on the expert 

evidence. May I shortly address your Lordship on that. 

We anticipate a problem. It may be that that problem 

will be resolved. Accordingly, I am not asking at this 

juncture for departure from the order made by Mr. Justice 

Steyn concerning any exchange of written reports. My Lord 

will see from the two documents before you part of the 

picture concerning the investigation and examination of 

barriers. The barriers are in the custody of the Health 

and Safety Executive. We applied to them for facility in 

order for our experts to be able to carry out an 

examination. My Lord, initially, the response was that the 

Health and Safety Executive had been instructed by Mr. 

Waly, secretary to the Lord Justice Taylor Enquiry, to 

retain the broken barrier in it's present condition. 

Samples could be made available to the parties involved in 

the civil action. I would refer such requests to Mr. 

Mervin Jones. That gives rise to that, or part of that 

letter, is from Mr. Mervin Jones concerning the barriers. 

MR. JUSTICE ROSE: Presumably that is a directional request 

which is effective until such time the final report of Lord 

Justice Taylor is made. 

16.


i V 

MR. WOODWARD: My Lord, one might have thought that was agreed 

in relation to the Health and Safety Executive observation, 

but my Lord, there is a letter from Mr. Robert Waly, 

secretary to the enquiry which those instructing me have, 

dated 24th October 1989. 


Thank you. 

MR. WOODWARD: This is part of the Health and Safety Executive 

whose letter I was reading but a moment ago: 

"So far as the barrier is concerned................... 

as further investigation of it may be necessary in respect 

of this enquiry". 

C 

D 

F 

G 

The tenor of that suggests that it is not in relation 

to anything Lord Justice Taylor has said. The rest of the 

letter deals with the enquiry made concerning the technical 

report. Then, my Lord, the next document, in fact, is the 

letter of 25th October which my Lord has, I think, from Mr. 

Dor from the Director of Public Prosecutions. 


Yes. 

MR. WOODWARD: Laying down conditions, so it would seem. 

Looking at that correspondence, taking it as a whole, the 

official response was under no circumstances can anything 

be done to this barrier, and it would seem that we are now 

in a position, subject to certain conditions, and that 

requires some discussion because the director wishes to 

impose certain conditions upon making an examination. 

The reason I am referring to this is that it is hoped 

that by sensible discussion with the director, the position 

can be made plain, and our metallurgist and engineer will 

be able to make whatever examination in the proper frame 

entitled, and not be made subject to terms and conditions, 

for example, that all reports and date of supply to 

somebody else. Any other requirement or condition attached 

to monitor the test, of course, would be reasonable because 

it would be important to know exactly what happened to the 

piece of the barrier. 

I mention that because of the time requirement in 

relation to Mr. Justice Steyn’s order. We expect to be 

able to comply with it my Lord, but there is a chance that 

we may not. That is in respect of the consultant engineer 

and metallurgist as to the safety of them. We may be able 

to substantially comply with it, but not in relation to 

such tests as I have been referring to as to the safety 

matter. 

My Lord the controlling, the policing the organisation 

and running of crowds. That is a matter in respect of 

which it would be necessary to have the co-operation of the 

17.

SELLERS & CO. /W. LLOYD WOODLAND 

police officers; and if questions be asked of them and that 

is a difficulty. 

May I move on now, my Lord. There was an application 

before Mr. Justice Steyn asking for other actions to be 

stayed. We have nothing more to add in relation to that. 

May we move to 8. That, in part, is coupled with 11(1) 

of the order that in part is coupled with the rider Mr. 

Justice Steyn made, that the Taylor Report is not a matter 

that can come before the court and constitute evidence in 

the hearing. My Lord, the report is, of course, a set of 

facts that are known. It sets out inferences drawn from 

those facts; sets out matters and conclusions and matters 

all known. 

In relation to that report it would seem that the 

purpose that the Plaintiffs require it to be before the 

court is really as a sort of aide-memoire; a list of facts. 

Now, my Lord, in relation to that matter, I indicated at 

the beginning that is an end which all the parties, with 

respect, I think in one way or another would seek to comply 

with, having no interest in causing this trial to run on, 

and on, and on. They all have an interest in seeing what 

facts are common, and what can be agreed; so we respect the 

suggestion that the Taylor Report should go before the 

trial judge or it should be put in in evidence. In so far 

as it may not seem capable as a means by which one can 

identify facts and indicate whether or not we agree or 

dispute, that is the end which we would seek to assist and 

encourage in the report to go before the trial judge. 

MR. JUSTICE ROSE: What is it that you are suggesting? If it 

be the case that the First Defendants are anxious to 

identify as speedily as possible the material facts, and in 

in relation to which there is a dispute, is not one 

convenient way of doing that to follow the suggestion of 

Mr. Justice Steyn? 

MR. WOODWARD: Not that the report should go in, but my Lord, 

the facts sought and the scale of the facts in the report 

may be taken as the scale upon which one may proceed to 

agree facts. 

MR. JUSTICE ROSE: What is it you are concerned about: that the 

judge who tries this matter will be improperly influenced 

by expression and view? 

MR. WOODWARD: No, my Lord. In so far as any conclusion of 

facts before Lord Justice Taylor were cast upon evidence, 

that evidence will be there; but at the trial it is not 

inconceivable that other evidence - additional evidence - 

will be given that will not be the same.


A 

MR. JUSTICE ROSE: Of course that is what is contemplated in 

what Mr. Justice Steyn said; but each party should be at 

liberty to contradict any of the disputed facts. 

MR. WOODWARD: But it would also seem by that proposal there is 

an indication, or the intention to reverse the burden of 

proof. 

g MR. JUSTICE ROSE: I do not view it in that way at all. I view 

it as being the Taylor Enquiry Report and the Taylor 

Enquiry being a convenient summary of relevant facts, some 

of which may well be in dispute. 

C 

MR. WOODWARD: My Lord, if the purpose is to leave the trial 

judge untrammelled in so far as can be, by having agreed 

facts or identifying those facts which are not agreed, then 

a list in some form or other will have to be prepared. 

MR. JUSTICE ROSE: Yes. Is not the Lord Justice Taylor Enquiry 

a convenient starting point for such a list? 

D 

MR. WOODWARD: It may be a convenient starting point for the 

purpose in order to prepare an agreed list, my Lord, yes. 

It is a convenient starting point for the purpose of 

preparing their agreed list, or their list of undisputed 

facts. 

MR. JUSTICE ROSE: And the advice so far as the judge referred 

to this is concerned. 

MR. WOODWARAD: 

It is unnecessary that he should look at it. 

^ MR. JUSTICE ROSE: If there are 200 facts found by Lord Justice 

Taylor, of which 180 are common ground and 20 are in 

dispute, is it said to be more convenient that they should 

all be picked out of the report, separately typed, 

separately considered, rather than that they should be seen 

in the report. Is that thought to be a more convenient 

course? 

F 

MR. WOODWARD: My Lord, there are more than those facts in the 

Taylor Report. 

MR. JUSTICE ROSE: Of course there are. I plucked those 

figures out of the air. 

G 

H 

MR. WOODWARD: Forgive me, I did not intent to --- 

MR. JUSTICE ROSE: Well, of course there would be expressed the 

view it would not only not bind, but would not influence 

the trial judge. 

MR. WOODWARD: My Lord, we would submit he need not be 

trammelled with them. 

19.

SELLERS & Co. /W. LLOYD WOODLAND 

My Lord, whilst on it, we submit the report has no 

status for the purposes of the proceedings. If it is to be 

taken as a whole by which the parties can identify issues, 

other considerations apply. 

MR. JUSTICE ROSE: Mr. Hytner says unless everybody agrees, it 

cannot have any. It would be very regrettable if time was 

spent by the trial just in this case investigating the 

outside facts about which there is no issue at all. 

MR. WOODWARD: With respect, if there were no issues, the trial 

judge would have told and no-one would have been -- 

MR. JUSTICE ROSE: What is the procedure which you propose for 

the trial judge to be told of these facts which are agreed? 

MR. WOODWARD: By a list of them, the way as in a civil 

action one party may give to the other a notice of facts, 

and they will then be admitted or not admitted. This, with 

respect, seems to put it the other way round requiring a 

party to give notice of the facts it disputes. 


Yes. 

MR. WOODWARD: When the list of facts is drawn and prepared and 

the facts shortly stated, perhaps all the facts might be 

conveniently put on two sheets of A4. It is not the 

objective that is challenged, it is the mode of seeking to 

pursue it. 


Yes. 

MR. WOODWARD: My Lord, in relation to Mr. Justice Steyn’s 

observation 11(1), the transcript, there is no issue about 

that. It really is 11 (1), the last clause of that at 

which we have been looking. 

MR. JUSTICE ROSE. 

There is no issue as to 11 (1) B 

MR. WOODWARD: No my Lord, none at all. We agree that is a 

true record of what was said at the hearing. 

MR. JUSTICE ROSE: Do I take it then that the First Defendant 

is prepared to agree to submit before trial a list of those 

findings of fact contained in the enquiry report contested 

at trial? 

MR. WOODWARD: We are prepared to participate in the 

preparation of an agreed list of facts, or an agreed list 

of disputed facts. The mechanics by which that may be 

reached by the parties should be unimportant. It might be 

by looking at the Taylor Report. It is the objective, 

therefore. May I move to the third party matter. 


Yes.

f 


^ MR. WOODWARD: Does my Lord have before him the third party 

notice. It is strictly speaking, whilst called third party 

notice given under order 16 third party in summary 

proceedings and they are in relation to matters between 

defendants. 

MR. JUSTICE ROSE: Just a moment. Yes. 

B MR. WOODWARD: My Lord, they have been prepared by my learned 

junior in addition to the matters set out within the action 

between the parties, my Lord, against the Football Club, 

adding to the matters set out within the Plaintiff’s 

pleading a further allegation that they did not provide 

sufficient means of escape for the crowd from the pens in 

case of emergency. 

C MR. JUSTICE ROSE: Just a moment. I may not have Oh yes, I 

see. It is at the end. I was not sure if I had the right 

document. It is a very short document. 

MR. WOODWARD: 

Yes. 


I have it. 

D MR. WOODWARD: And my Lord, in relation to the Fourth 

Defendant Dr. Eastwood, recites and relies upon the matters 

pleaded within the Plaintiff’s pleading, and with the 

additional four or five points that are there raised. We 

seek to raise these against our co-defendants, and that is 

properly done by the procedure. 

p. My Lord, in respect of these, we have asked for 

directions. Does my Lord have that? I have not had an 

opportunity to discuss that with my learned friends, and 

what their attitudes to this third party notice are. No 

objection has been given but, my Lord, that may be because 

they have not had a chance to speak to me. 

p 

MR. JUSTICE ROSE: I will see what counsel say about that. At 

the moment, you are asking for an order in the form of the 

summons? 

MR. WOODWARD: Yes. They are fairly standard. We ask for 

these orders. Thank you, my Lord. 

MR. GLASGOW: There is very little I need to add on behalf of 

the Club. Is it convenient if I run through Mr. Justice 

G Steyn’s order with your Lordship. The pleadings and the 

discovery ought to be dealt with. Might I advance to say 

that I hope your Lordship has not got the impression from 

any of the lawyers that there has been any delay. 


I have not got any impression at all. 

H 

MR. GLASGOW: There have been numerous efforts made, 

particularly by our juniors very substantial work, and 

21.

SELLERS & CO. /W. LLOYD WOODLAND 

there has been very considerable hard work and cooperation. 


I do not doubt that. 

MR. GLASGOW: I hope you do not, my Lord, because many do. It 

is right that the Court should be aware of that, and that 

co-operation continues. 

My Lord, the pre-trial review was helpful, and that 

indeed has been co-operated with. 

So far as my learned friend's position on the stay is 

concerned, may I say that for our part we sympathise 

ourselves. We understand it is difficult if you cannot get 

your hands on statements, but we do wonder, although we 

have no forceful case to make of it, whether there is a 

little problem here other than one of professional 

difficulty with which one sympathises. 

We accept and understand that the junior officers may 

have been advised by their own solicitors not to provide 

any further statements. Is it in the interests of justice 

simply to stay the whole of the action because of that? 

One would have thought that possibly the action could 

proceed on the timetable that we had all agreed, and that 

we all thought sensible on the last occasion, and the Court 

should look favourably at any late application to serve the 

statements from any quarter where there had been some 

acceptable and reasonable delay of the matters. 

I do not want to single anybody out by name or rank, 

but the fact that the senior officers who are clearly 

thought most directly concerned for not only giving their 

statements, but giving evidence, and there is no suggestion 

that they would seek either to be advised, or they be 

prepared to hide behind any procedural delay that might 

arise in the future. 

There can be no question of the criminal proceedings 

going on, or the investigation continuing into the end of 

next year, by which time we will know where we are going. 

I do not think anybody would be enthusiastic about the 

civil proceedings being embarked upon and people being 

compelled into the witness box at this stage, putting the 

matter at it’s lowest. Would it be right to address your 

Lordship on the basis that is a realistic prospect, and if 

that is so, perhaps all we know is understanding without 

any separate order: that the order that witness statements 

be exchanged within six weeks could be subject to the 

caveat there may be supplementary statements which will be 

served later, and that it should be a common understanding 

that none of us will take any issue where it is clear there 

has been no fault.

D.l_.SELLERS & CO. /W. LLOYD WOODLAND 

That is all we say about the stay. We would be very 

unhappy there should be a stay because it has always been 

the Club's case that the injured people ought to have their 

remedy against those responsible as promptly as possible. 

So far as the exchange of reports is concerned, we are 

in the same position as the police, and I identify the 

parties by name; it is easier. We cannot get our hands on 

g the material and we very much like to. We understandthe 

Health and Safety Executive, and we bided our time. It is 

difficult, and we may be a little late with our actual 

service of the reports. If that is so, and everybody 

understands this is not through people playing games, but 

because of wholly understandable and proper reasons. In 

the public interest, people have been prevented from 

examination or doing destructive tests. I suggest 

C 

everybody will understand; and if we are late with our 

reports, we can come to your Lordship, or whoever is 

appropriate, and explain that. One would hope it would not 

be necessary, because nobody will deduct points against us, 

but if it is, we will have to come back. At the moment, 

there are enough problems of this nature without looking 

for them. 

D 

My Lord, so far as 8 my Lord I think there is nothing. 

The status of the report, again without criticism or 

improper comment, we simply accept reluctantly as a fact 

that if no consent is given the only procedure is for 

statements of facts to be served and for them to be 

distributed. We would regret it should be necessary, but 

we understand if on the professional and competent advice 

people think it is necessary to direct that. We would 

E accept that however regretable. Our only wish has been 

toensure that when it does come to service of notice of 

agreed facts, that we all can exercise the measure of cooperation 

we have tried to give everything else. If we 

have to go through the laborious exercise, which the public 

may find very difficult to appreciate, for a second time - 

these matters over which there is no real or substantial 

P 

issue between us - one ventures to suggest that your 

Lordship or another trial judge would obviously convey your 

attitude towards that particular party in the form of costs 

with some enthusiasm. 

G 

H 

We will co-operate in that exercise, and one would 

hope when the schedule of facts has been drawn, all 

defendants, any single one of us, can give serious 

consideration to it, taking the lines considered helpful by 

Mr. Justice Steyn. I think your Lordship cannot order us 

to, but we welcome and do our best to make sensible 

compliance with it. 

MR. JUSTICE ROSE: Is it possible to give any indication as to 

what might be an appropriate time scale if there are to be 

statements of facts served? 

23.


MR. GLASGOW: My Lord, I anticipate the document rather like my 

friend Mr. Woodward. The schedule of the notice to admit 

facts, which one would have thought could have been done on 

two bits of A4 paper, because the knife cuts both ways. I 

am sure my learned friend Mr. Hytner would be the first to 

accept that it is wholly unnecessary from the Plaintiff's 

point of view to list every single fact laboriously and to 

go through the Taylor reports. One would expect Lord 

g Justice Taylor did; but to take out those facts that really 

matter, and to serve those. If that cannot be fitted on to 

two sheets of A4 paper, some of us particularly those who 

sit behind us, will be extremely disappointed. I would 

have thought that the exercise could be accomplished in 14 

days, and certainly in the time scale for the preparation 

of this trial. 

C 

It would be sensible to allow a longer period because 

the question of what is relevant, and what is likely to be 

disputed is, to some extent, a reflection upon the view of 

the expert and when the experts have had an opportunity of 

looking at the barriers, they may tell us that there are 

matters in the Taylor Report that are no longer material, 

and it would be for fear of missing something out. Surely 

the sensible thing is to say in 28 days if it is to be done 

D this way round, then the Plaintiffs could draw a schedule 

of those facts clearly without prejudice them in any way at 

all. If they could make their list of what they regard as 

important facts, we can then consider them in the same time 

period. It might make sense to them, although my learned 

friend Mr. Woodward rightly reminds me that it might be 

better to do that after the expert's report. That is a 

matter for your Lordship's timetable when you have heard 

E us. 

P 

If this exercise is to be embarked upon, then the 

service of the notice of admitted facts can probably be 

done. He has probably got it in draft already knowing Mr. 

Hytner,but it would be done within 28 days, with sensible 

co-operation, as soon as the reports are ready, probably 

following the exchange. 

My Lord, so far as 9 is concerned, nothing turns on 

that. There has been -- 

G 

MR. JUSTICE ROSE: Forgive me. Before we go on to that, I am 

trying to calculate the numbers of weeks of the 

presentorder in relation to experts reports. They should 

be exchanged within 10 weeks after the close of pleadings 

pleadings have not quite closed, so we are looking at the 

middle of January. 

MR. GLASGOW: Yes, my Lord. It is 12th January. 

H 

MR. JUSTICE ROSE: Thank you. So 31st January for an indication 

facts which were in dispute? 

24.


A 

MR. GLASGOW: It cannot affect anything that would alter the 

length of trial at some time or anything like that. 

HR. JUSTICE ROSE: 

Thank you. 

MR. GLASGOW: I think there is nothing further. We all agree 

about the transcript, that is the usual order. I think 

there is nothing on 9. The only other matter on which we 

B had any views were the third party directions. Provided 

that it is clear and --- 

MR. JUSTICE ROSE: Forgive me. Before you go on to that, have 

you got a view as to the length of this case? 

MR. GLASGOW: We all have. We all gave it and we all agree 

five to six weeks. We could all be wrong, but we did think 

q about it before we said it. We all know there will be cooperation, 

and one or two people will be passive about one 

or two things. That is bound to happen; but five to six 

weeks is our estimate, and nothing has changed to alter it. 

D 

E 

P 

MR. JUSTICE ROSE: Bearing in mind that the gap between Easter 

to the end of the first half of that term is barely five 

weeks, have you any view as to whether -- 

MR. GLASGOW: Again, there is co-operation and may I make one 

thing plain: nobody was seeking to go behind your Lordship 

in trying to find out what the situation was. It was 

recognised that the Plaintiff's, on any view, would be 

extremely unhappy if my learned friend Mr. Hytner was not 

available. My Lord, we all recognise that the Plaintiffs 

have said right through this enquiry "Can we get on with 

the action", and so now, it is of paramount importance, and 

therefore we are unclear of whether it was likely, given 

that estimate, that autumn would be available. We looked 

at the calendar for hearing the case at this court as to 

when it could be fitted in. It was against that 

background, I think the three who tried to look at the 

situation together with staff, recognised it was possibly 

not realistic to fit in the sort of timetable which Mr. 

Justice Steyn quoted infront of us and asked for our view 

upon. 


The first half. 

G 

H 

MR. GLASGOW: Yes, and the danger of running into the vacation 

and or into problems with the break, and it made sense If 

it looked as if it could be fitted in with the court, and 

Mr. Hytner, and it did, and the majority obviously to go 

for a safer date. That would allow for the sort of 

circumstances like the unavailability of the experts and 

material which we thought was likely to happen, even with 

the present hope with the speed we have shown so far, which 

is pretty commendable. That is why we thought of speaking 

to as many people as possible. Mr. Hytner’s suggestion 

through his chambers is to have an early June fixture made 

25.

{ 


A sense from the Plaintiff’s point of view. If we can cooperate 

with it and it was apporpriate --- 


Oh, clearly. 

MR. GLASGOW: We spoke of the five to six weeks we think it is 

likely to be that in any event. 

B MR. JUSTICE ROSE: Yes. 

MR. GLASGOW: The only other matter is the third party matter. 

Nobody is talking technical words, but we are talking about 

an order 16 rule 8 notice. 

C 

D 

P 

There is no new issue there is no third party notice, 

and that is an important point because we all recognised, 

even before the hearing before Mr. Justice Steyn, that it 

would be highly regretable if people started serving third 

party proceedings in this case, because that would lead to 

delays while third parties got involved. We wanted 

everybody to be equal defendants so the timetable could 

run. 

Mr. Justice Steyn, when he heard our reasons, agreed 

with us to the extent of saying if third party proceedings 

were issued, he would not give leave for them to follow in 

this trial. They would have to take those at a later 

stage; and we are most anxious that nothing should now be 

done to upset the smoothness of that rhythm. If people 

want to put their point later in the form of third party 

notice, nobody can stop them. They are wholly unnecessary 

and extremely unhelpful because they lead people to take 

points on them; and when we look at what are called third 

party notice, which ought to be set out in a letter is 

provided for now rules, there is no new issue between the 

parties. They do not require to know what our cases areas 

pleaded in the Defence. Those are joint. Nobody has 

sought to take the independent contradictory point. These 

so called third party notices are a bit of a nuisance when 

you look at them; drafted. 

MR. JUSTICE ROSE: What importance --- 

G 

MR. GLASGOW: Just ignore them. They provide no useful 

purpose. What is the point in telling us that police want 

to be indemnified on the grounds of our negligence? It is 

not remotely helpful. It was a good idea, but it will be 

ignored. 


So your answer is to make no order? 

MR. GLASGOW: None at 

all. 

H 

MR. JUSTICE ROSE: If I am asked to make an order, I have to 

make an order of some kind. 

26.


i V 

MR. GLASGOW: That is why your position is so much more 

difficult than ours; but we do not think there is any 

advantage to them, and they do not -- 


They do not add anything. 

B 

MR. GLASGOW: They add nothing. They are potentially 

introducing a complication which we wanted to avoid. If 

there is some specific direction in relation to that my 

friend wants, he could ask; but it is a wholly unnecessary 

notice. 

Unless I have missed something. 

submissions. 

Those are our 

C 

MR. MAXWELL: May I deal with matters in the order in which 

they have been discussed. 

The First Defendant application to stay: we have no 

observation on make on that. 

Secondly, the Plaintiff application for a direction 

that Lord Justice Taylor's report of facts should be prima 

facie evidence of such facts, and anybody who disputes a 

D finding must list them. We find that to be an attractive 

direction, not least because it looks as though it will 

save so much time. It is not a direction to which we feel 

able to agree as matters stand, my Lord. 

The reason for that is not that we wish to be 

obstructive, but it is because we have not had a disclosure 

of witness statements, and my Lord, we do not know, 

E therefore, the full extent to which any challenge of the 

findings of fact may have to be made. We may know the hard 

core of the challenge, but we do not know the full extent. 

We find, therefore, that is not a direction to which we can 

agree. On the other hand, we will respond constructively 

to a notice to admit facts of the kind envisaged, and if it 

is agreed the timetable which was proposed, my Lord, which 

P was talked about to have a response by the end of January. 

That would allow us an opportunity to reflect upon 

discovery witness statements and experts' statements. 

So far as the transcript is concerned, we agree to 

the direction which is sought; that that is proper evidence 

of the facts. 

q 

H 

As to the amendments, we have no objection to the 

proposed amendments the Plaintiff seeks, but we ask for 

consequent leave to amend the defence of the Third 

Defendants if so advised. 

May I turn to a part of the case where we are asking 

the Court's assistance. It relates to a request for 

further and better particulars the Third Defendants have 

made and the Plaintiff's statement of claim. 

27.

( 


May I draw your Lordship's attention to the allegation 

made against the Third Defendants in the statement of 

claim. I only have that in the original form, not the 

amended form. It arises in paragraph 10, page 10 of the 

pleading: the particulars of negligence of the Third 

Defendants. 

B 

MR. JUSTICE ROSE: Yes. 

MR. MAXWELL: Perhaps it would be better if I invited your 

lordship to read them, rather than for me to read them out. 


I have already looked through them. 

MR. MAXWELL: May I refer your Lordship to the answer which has 

been supplied to a request for further and better 

C particulars. I do not know if that is on the Court's file. 

MR. JUSTICE ROSE: No, I think I may have this. I have not 

read it. 

MR. MAXWELL: 

It was very recently served: 24th October. 

D 

MR. JUSTICE ROSE: Well then, no. 

MR. MAXWELL: I am handing to your Lordship a copy of the 

identical reply received in the Rimmer case. 

MR. JUSTICE ROSE: Thank you. Yes. 

MR. MAXWELL: Your Lordship will see the answer given at the 

very end of this document (This was read) 

If your Lordship would refer to the defence of the 

Second Defendants. It is on the last page of the defence. 

MR. JUSTICE ROSE: Just a moment. 

Yes. 

MR. MAXWELL: Particulars of negligence of the Third 

P Defendants set out at A as against the Third Defendants. 

The Second Defendants will have answered adopting and 

relying upon the allegations pleaded against the Third 

Defendants in sub- paragraph 8 inclusive of the statement 

of claim. It would seem not to be an open avenue, but a 

cul-de-sac in the terms as pleaded, so we would like to 

direct an impasse. The way is not for the Plaintiff to be 

required to provide us with particulars, and for things to 

q 

be put upon the Plaintiff to seek those particulars those 

particulars by whatever route is available. 

H 

My Lord I am sorry to go back and forth, but when 

I read to your Lordship the response to the request for 

particulars which began with the Third Defendants. They 

know the allegations are those initially made, and we do 

not know what is being talked about, except having heard 

what has been said and seen the order made the last time. 

28.


. We now appreciate that there was some discussion as to the 

position of the Second Defendants in terms of blaming other 

parties. What we would like to know, and so we can prepare 

our witness statements, is the answer to the request for 

further and better particulars. We would like to have 

further and specific information so that we may then 

approach the relevant witnesses. 

B 

That is the position, and we invite the Court to make 

an order in respect of that request for further and better 

particulars, if your Lordship thought that was a sensible 

idea. It is the consequential effect upon the order made 

in relation to the witness statements of fact and, my Lord, 

the disclosure there was to be within I think it is six 

weeks of the close of pleadings. 

c MR. JUSTICE ROSE: Yes, that is right. 

D 

MR. MAXWELL: We think we would be able to make that and shall 

be complying with that; but the request for further and 

better particulars may produce information which requires 

additional evidence from witnesses, and we would like to 

add a further order to add this: that there should be 

liberty - at least for the Third Defendants - liberty for 

the Third Defendants to serve additional statements of fact 

within 28 days of service of the further and better 

particulars and the statement of claim. 

MR. JUSTICE ROSE: Is it necessary to do that, Mr. Maxwell? 

Could the case not be left to the good sense of the 

parties? Nobody will be critical if -- 

E MR. MAXWELL: I will rest content with your Lordship's 

observation which I am sure will not be gain sayed by 

anybody here. I do not think I can assist your Lordship 

further. 

MR. JUSTICE ROSE: Thank you. Yes, Mr. Fenwick? 

p MR. FENWICK: The first and most important matter is the 

question of the date of trial. 

G 

Clearly, we recognise the importance of getting on 

with these proceedings as fast as possible, and the last 

thing we want to do is to delay them unless it is 

absolutely necessary: but the context of the claim made by 

the Plaintiffs, and as my learned friend Mr. Hytner has 

indicated effectively at the behest of other defendants, is 

against a professional firm, and largely against one 

professional man: Dr. Eastwood. 

These allegations against a professional man are all 

the more serious because of the very grave nature of the 

events that occurred. For that reason, in our submission, 

Dr. Eastwood and the Fourth Defendants are entitled to have 

29.


A 

a full and proper opportunity before of preparing their 

case fully and of being properly represented. 

B 

My Lord, the difficulty that we face in an early trial 

date is two fold. First and foremost, and I accept it 

straightaway, there is a difficulty for my learned friend 

Mr. Tilson in attending. My Lord, he has other commitments 

throughout the summer until October. 

On investigation, the one which at present it appears 

that he may not properly be able to return, is a six veek 

case on 30th April, which should leave him free to start on 

18th June. So my Lord, at the moment, having due regard to 

various commitments, unless released, or unless that case 

settles, it is unlikely that he would be able to attend to 

represent the Fourth Defendant if the trial began before 

q 18th June. My Lord, it is possible that he might even then 

be embarrassed either by that or other case. 

D 

E 

q 

H 

It is not simply a matter of the convenience of 

counsel. Dr. Eastwood and the Fourth Defendant effectively 

were involved in the enquiry at a relatively late stage, 

and others of those represented were present throughout 

from the outset. My Lord, Dr. Eastwood received an 

indication by way of letter at a comparatively late stage, 

and appointed my learned friend Mr. Tilson for their part 

of the proceedings. In other words, it was necessary to 

catch up, and those representing him not done and were not 

able to hear much of the evidence. It is on that occasion 

my learned friend Mr. Tilson alone represented Dr. 

Eastwood. He had no junior. 

My Lord for that reason it is a case where in my 

submission, it is particularly important that due regard 

should be had, if possible, of allowing the Fourth 

Defendant to be represented by my learned friend Mr. 

Tilson, but it goes further than that because of the 

difficulty of catching up with Fourth Defendant, but anyway 

because the Fourth Defendant was involved in these 

proceedings at a later stage. It was only after the last 

summons it was intimated that they were going to be joined. 

We did not attend, so my Lord, we have to catch up in the 

proceedings anyway. 

If the effect of your Lordship's order as to trial 

date effectively means that the Fourth Defendants cannot 

rely on the attendance of my learned friend Mr. Tilson at 

trial, during the preparation stage, as your Lordship vill 

imagine on an enquiry, one is very much working very 

closely with the client day by day, hour by hour. The time 

for somebody else to catch up would be all the greater. 

Your Lordship knows the difficulty and the ways that can be 

overcome. 

My Lord, the other matters which in our submission 

make it difficult for the Fourth Defendant to be able to 

30.

D.L. SELLERS & CO. /W. LLOYD WOODLAND 

A 

g 

proceed towards trial with quite the speed of the other 

defendants, apart from our late joining of them in the 

enquiry and in the proceedings, is the uncertainty as to 

the nature of the allegation against us, and what we are 

going to have to do by way of investigation, and reading 

the transcript, and reading the witness statements, and 

those parts of the evidence that we are not as yet familiar 

with. I say that for this reason: your Lordship has heard 

that in the case of Chapman currently before your Lordship, 

we were joined at the end of July, beginning of August 

after the last direction. 

It was intimated to us that at all times until, I 

think, about the middle of September, that although we were 

involved in that action, it was not expected by the 

Plaintiffs that we would be in the second action in 

C relation to pen A. In the event, for reasons which I 

understand may be similar, all those involved are joined in 

the Chapman action. We were, in fact, joined in that pen A 

action, but it was intimated to us that we were unlikely to 

be involved in the third action which has not yet been 

formulated against those, or relating to those injured 

outside the ground. 

D 

E 

F 

G 

As we now understand it, not at the behest of the 

Plaintiff, but as I understand it at the behest of one of 

the other defendants, it is likely we are going to be 

involved in that action also. At present we cannot, with 

great respect, for the life of us see what it is about Dr. 

Eastwood and his firm which could give rise to a joinder in 

that action. Clearly it has to be hoped that all the 

actions can be dealt with at the same time, but until we 

know what is going to be said to us, even in the most 

general terms, it is very difficult for us to assess the 

time that it will take to prepare for trial. 

My Lord, that, in my submission, indicates that our 

concern should be viewed sympathetically. It now appears 

(I hope I am right in saying this) that all parties are 

effectively agreed that the trial date would be better in 

June than April or May. If it was April or May, in my 

submission we simply would not be confident of telling the 

court we could get there in time. In June my Lord, it is 

going to be difficult, but we do not want to hold the trial 

up. If your Lordship feels an October date is too late -- 


I do. 

MR. FENWICK: We would ask your Lordship to consider the 

estimate of length is five to six weeks. For our part we 

say nothing to suggest that is wrong. To start on 18th 

June would allow six weks before the end of term. 


Only just. 

H 

31.


MR. FENWICK: I accept that. It is possible for my learned 

friend Mr. Tilson to absent himself from week one, and 

attend thereafter; but if one is concerned with the proper 

presentation, in my submission the Fourth Defendant is at 

least entitled to that indulgence, provided your Lordship 

is satisfied he is not going to cause substantial hardship 

to the Plaintiff or other defendants. In my submission 

that type of adjournment is unlikely to do so. Of course, 

for our part would be content to undertake if any 

circumstances showed we could get there earlier, we would 

bring it to the attention of the Plaiantiff without delay. 

Unless I can assist your Lordship further, those are 

my submnissions as to the trial date. 


Thank you very much. 

MR. FENWICK: So far as the report of Lord Justice Taylor is 

concerned, we welcome the approach that this document 

should be before the trial judge and should, as far as 

possible, allow uncontested issues of fact to go before the 

court without the need to call oral evidence. Clearly a 

waste of time and resources that that should happen if not 

absolutely essential. It may be that there is no need for 

me to address your Lordship at length in view of the lack 

of agreement from other parties, and lack of jurisdiction. 

May I make our position clear. We are sympathetic, 

and would like to be able to agree to this. We have two 

concerns, and we regard one as important and the other as 

sensible and convenient. They can both be resolved by 

organisation, and the Plaintiff indicating simply by 

underlining or sidelining passages in the report; those 

primary findings of fact on which they would seek to rely 

at trial. 

We are asking for that for two reasons, the first 

which I say is the important one, is that many findings of 

fact are quite clearly that; findings of fact. On one 

view, it could be thought a finding of fact, and on another 

view it could be seen as an inference, or indeed as a 

conclusion. We think that it is going to be important that 

any dispute as to what the findings of fact going before 

the court are are resolved before the trial, and not at 

thetrial, so there is no doubt, and the Plaintiff cannot 

say this is a primary finding of fact one or other of 

thedefendants wished to test; not it is a conclusion. It 

seems to us that it does not take time, or any significant 

time,on the part of the Plaintiffs, and would lead to the 

simplification of the issues at trial. 

The second point is this: that so far as the Fourth 

Defendant is concerned, I have made clear our lack of 

familiarity. In order to assist us in arrive speedily in 

our preparation for trial, my Lord, it would be helpful to 

us to know which of the matters the Plaintiff seeks to rely


A on. This can be put against any defendant. I do not seek 

to ask him to put which defendant he relies on those facts 

for; just so we know which areas of the transcript we have 

to look at closely; which witnesses we have to look at 

closely; and can put to one side those matters which are 

not going to be in issue at the trial. Subject to that, 

our present view is that we would very much hope to be able 

to consent in the present terms sought. 

B 

My Lord, as far as the expert investigations are 

concerned, we think it may be difficult to meet the date of 

10th January which presently stands under the order. I do 

not make an application at this stage. I would very much 

hope that at least we could say secure the evidence with 

that exchange of expert report say not less than three 

months before the trial, which would be a satisfactory 

C period in my submission. That would either, of course, be 

about 2nd March or 16th March if your Lordship acceded to 

my earlier submission. 

D 

So far as the pleadings and the further and better 

particulars (which are an issue raised by my learned friend 

for the Third Defendant) and the third party litigation is 

concerned, they are intertwined. May I deal with them 

together. 

As your Lordship has heard on the Plaintiffs in their 

first statement of claim adopted by anticipation the 

allegations against the Third and Fourth Defendants which 

they expected to be made not otherwise by way of third 

party proceedings by the First or Second Defendants. That 

„ placed them in some difficulty as to particulars, and 

clearly both the Third Defendant and the Fourth Defendants 

are going to have to have these particulars by one means or 

another. I anticipate we will be in a similar position to 

my learned friend for the Third Defendants where further 

and better particulars we have add nothing. The statement 

of claim is about to be amended so we did not serve two 

documents. 

F 

The point that I sought to make with my learned friend 

Mr. Hytner and his junior in relation to the pleadings was 

this: if your Lordship would be kind enough to look at the 

second Third Party notice which was just put before your 

Lordship. 

G 

H 


Yes. 

MR. HYTNER: May I save time. This is going to mean a little 

more work for Mr. King, but we give in. 

MR. FENWICK: I am grateful for that. That being the case, 

once these allegations are properly pleaded in the 

statement of claim, we can plead to them by way of amended 

defence and I would seek the consequent order as my learned 

friend has, and proceed to the particulars of the 

33.


Plaintiff. Once that is in place, it becomes unnecessary 

for me to make a submission on the third party directions 

which I otherwise would have had to. Clearly they should 

be properly pleaded, because we are pleading to them as 

against the Plaintiff. It seems to us that once they form 

part of the Plaintiff’s case, then there is nothing new or 

additional in the third party notice, and therefore, no 

requirement for any pleadings; so once that is in place, I 

support my learned friend Mr. Glasgow’s submission, and 

there is no need for your Lordship to make any further 

direction. 

Unless I can assist further, that is my submission. 

MR. JUSTICE ROSE: Do you want to say anything else about the 

wisdom of making an order on the third party proceedings, 

Mr. Woodward? 

MR. WOODWARD: I they are going to re-cast third party 

proceedings, it may be unnecessary. With respect the third 

party matter is properly brought despite the persuasive -- 


order? 

Never mind that: why should I make the 

MR. WOODWARD: If the pleadings are re-cast in the form 

contemplated -- 

MR. JUSTICE ROSE: They are going to be proper particulars given 

in so far as they are required. 

MR. WOODWARD: My Lord, if that is the order, then I am not 

making any application. I will not pursue it. 

MR. JUSTICE ROSE: Thank you. Mr. Hytner, what about the time 

scale so far as those further particulars are concerned? 

MR. HYTNER: Fairly equal. Can I deal with the re-casting of 

the amendments to statement of claim? 

To deal with Mr. Fenwick’s point, if he wants it 

done in that form, it will be. If he finds it easier to 

plead, we will do it. I have leave to amend the statement 

of claim; also the document in accordance with the 

amendment that has already been sought; plus the additional 

amendment, and both go on the amended statement of claim. 

As for the point made by Mr. Maxwell, I have sympathy 

with his application. To make this absolutely plain, I 

have done this on the transcript now I think three times, 

but I do not want the Plaintiff to be involved in any 

argument on costs at the termination of this litigation. 

It is the Plaintiff's primary case that the First and 

or Second Defendants are liable to the Plaintiff. We would 

not have been bringing in the Third or Fourth Defendants

7 ' 


had we not been told that they were going to be made third 

and fourth parties. It was by agreement with all parties 

that it was accepted that we would re-serve the statement 

of claim to effect third party proceedings in relation to 

the Third Defendants. We were slightly bothered to find 

the form in which they were blamed by the Second Defendants 

because the words "if necessary" were inserted. 

B 

Now, it is perfectly clear, and we wish to make it 

clear, that we will now seek from Mr. Glasgow the 

particulars of the allegations sought by the Third 

Defendants. My Lord, if the Second Defendants are not 

serious in their allegations against the Third Defendants, 

we will drop the claim against them. It is as simple as 

that, and Mr. Maxwell will have his particulars by one 

route or another. If he does not, the case will disappear 

q against him. That can be dealt with between whom there has 

been total and complete co-operation for the last three or 

four months; so there is no need for your Lordship to make 

any further orders on that indication. Can I deal first of 

all, if necessary, with the application for stay? 


No. 

D MR. HYTNER: Can I deal with the question of the form in which 

admitted facts; our notice to -- 


Yes. 

E 

MR. HYTNER: Without consent, nothing can be done save for the 

procedures, the appropriate procedures to be gone through, 

and we will go through it -- 

MR. JUSTICE ROSE: I am minded to order statement of facts 

within 28 days, and notice of those in dispute by 31st 

January. 

MR. HYTNER: I see. Now — 

P MR. JUSTICE ROSE: Are you seeking to dissuade me? 

MR. HYTNER: 

No. 

MR. JUSTICE ROSE: I do not need to hear further comment. 

G 

MR. HYTNER: Just an indication so my friends know this: that 

we will not be seeking to have facts admitted which will, 

as it were, improve on the liability of the Third and 

Fourth -- 

MR. JUSTICE ROSE: You must put in your notice of fact, and you 

must tell Mr. Glasgow. You do not need to tell me. 

H 

MR. HYTNER: Can I deal with one other matter; something which 

may cause a little bit of a problem if it is not dealt with 

early; and that is the status of Lord Justice Taylor's 

35.


B 

MR. 

MR. 

report. It clearly can not have, as it were, any 

beneficial status once one party objects, but my Lord, 

plainly; but is Mr. Woodward saying that there must be a 

pretence that it does not exist? Either the judge had read 

it, or he has not. If Mr. Woodward feels it is wrpng for 

the judge to have read the report, we have to find a judge 

who has not. The danger is this: you need only read the 

newspapers which is often very dangerous. 

JUSTICE ROSE: Pretty unlikely he could remember what he 

read in newspapers. 

HYTNER: Some of the headlines stay with some people for 

ever, but surely Mr. Woodward would agree even -- 

MR. 

JUSTICE ROSE: 

Mr. Woodward indicated he would not agree. 

MR. 

HYTNER: My Lord, that I accept; but are we to understand 

that it could never be referred to during the course of the 

hearing? 

MR. 

JUSTICE ROSE: 

That is a matter decided by the trial judge. 

D 

There will be leave for the Plaintiff to amend the 

Statement of Claim which will incorporate such amendments - 

apart from those presently before me - as are necessary to 

particularise the Plaintiff's case against the third and 

fourth Defendants. Leave to serve and make those will be 

made within 7 days. Leave to amend and serve any 

consequential amended defence within 7 days thereafter. 

So far as the application for stay is concerned, I am 

not persuaded that the possibility of junior officers 

making further statements upon which the first Defendants 

may wish to rely is a sufficient ground for ordering a stay 

in this case. 

So far as the conduct of the criminal and disciplinary 

investigations are concerned, they are investigating 

matters wholly different from those which will have to be 

determined in this litigation. There is no present 

indication as to when those enquiries will be completed, 

and I am not persuaded that such small theoretical 

prejudice is important, according to the first Defendants, 

as a jurisdiction in all the circumstances of this case for 

ordering these proceedings to be stayed. 

H 

The case will be fixed for trial on 11th June 1990 at 

Liverpool. I order that a Statement of Facts be served on 

the Plaintiffs within 28 days; that any party disputing 

those facts will serve notice of that dispute by 31st 

January 1990. I make no variation in relation to the order 

made by Mr. Justice Steyn as to the disclosure of expert 

evidence, it being accepted by everyone in these 

proceedings that some modest delay in the timetable there 

36.


./ 

‘v 

indicated will not be frowned upon provided it is the 

result of bona fides. 

So far as the transcript of the proceedings before the 

Enquiry is concerned, I direct that that should be admitted 

as a true record of what was said at the Enquiry. So far 

as the third party proceedings are concerned, I make no 

order. So far as any further applications in this matter 

are concerned, I give liberty to apply either to myself, or 

to Mr. Justice Steyn; whoever is on circuit at the time 

until such time as the trial judge becomes known. 

Is there anything I have forgotten? 

MR. HYTNER: 

Costs in the cause. 

MR. JUSTICE ROSE: Does anybody resist that? (There was no 

response from counsel) Costs in the cause. 

D 

E 

F 

G 

H 

37.

D.L. SELLERS & CO. /W. LLOYD WOODLAND 


(QUEEN'S BENCH DIVISION) 

1989. C. 5925 

1989. R. 7039 

B 

Before: 

Courts of Justice, 

Crown Square, 

Manchester, 3 . 

Wednesday, 20th December 1989 

MR. JUSTICE STEYN 

Between: 

JOAN CHAPMAN (Widow and Administratrix of the 

estate of Raymond Thomas Chapman, deceased) and 

LINDA MARY RIMMER- (Widow and Administratrix of 

Plaint iffs 

and 

D 

THE CHIEF CONSTABLE OF SOUTH YORKSHIRE POLICE 1st De fendant 

SHEFFIELD WEDNESDAY FOOTBALL CLUB PLC 2nd De fendant 

SHEFFIELD CITY COUNCIL 3rd Defendant 

EASTWOOD AND PARTNERS 4th De fendant 

and 

SHEFFIELD WEDNESDAY FOOTBALL CLUB PLC 1st Third Party 

and 

EASTWOOD AND PARTNERS 

2nd Third Party 

MR. B.A. HYTNER Q.C. and MR. KING appeared on behalf of the 

Plaintiffs. 

MR. R.A.D.PAYNE appeared on behalf of the 1st Defendant 

MR. E. J. GLASGOW, Q.C. and MR. R.L. DAVIES appeared on behalf 

of the 2nd Defendant/lst Third Party. 

The Third Defendants were not represented. 

MR. J.F.Q. FENWICK appeared on behalf of the 4th Defendant/2nd Third Party 

H 

Transcript of the shorthand notes of D.L. Sellers & Co., 

(Official Shorthand Writers to the Court) 

10, High Street, Leatherhead, Surrey KT22 8AN. 

PROCEEDINGS

D.L.-SELLERS & Co. /W. LLOYD WOODLAND 

ssa? 

Wednesday, 20th December 1989 

A 

B 

Mr. HYTNER: May it please your Lordship, in this case I appear 

with my learned friend Mr. King on behalf of the plaintiffs. 

The first defendants are represented by my learned friend 

Mr. Payne; the second defendants by my learned friends 

Mr. Glasgow and Mr. Davies; the third defendants are not 

represented but the first defendant's solicitors have 

authority to give indications on their behalf; and the 

fourth defendants are represented by my learned friend Mr. 

Fenwick. 

My Lord, the first matter to be dealt with is that by 

consent there should be an order that the action by the 

plaintiffs against the first defendant should be stayed on 

terms endorsed in a letter dated 15th December 1989 which 

has been exhibited before your Lordship, and a further 

letter dated 20th December 1989 which has not been exhibited 

but which merely relates to a matter of costs. 

C Mr. JUSTICE STEYN: Yes. 

Mr. HYTNER: The costs of the action, which include the costs 

incurred in suing the second, third and fourth defendants, 

to be paid by the first defendants. 

Mr. JUSTICE STEYN: 

Yes. 

^ Mr. HYTNER: And the plaintiffs' costs. The consequential order 

that I ask for is this: that the action of the plaintiffs 

against the second, third and fourth defendants should be 

discontinued, that I should have leave to discontinue, and 

I have instructions which enable me to give an undertaking 

that the plaintiffs, that is to say Mrs. Rimmer and Mrs. 

Chapman, will not bring further proceedings against the 

E 

second, third and fourth defendants, but I have no such 

instructions which enable me to give a general undertaking 

on behalf of all plaintiffs. The position is that if a 

substantial number of plaintiffs are able to give that 

undertaking, none of the second, third and fourth defendants 

will seek costs against the plaintiff. If not, they will seek 

an order for costs, and in such circumstances I would then . 

ask for an indemnity of those costs against the first 

F 

defendant, and in those circumstances I understand that 

what my learned friends are seeking is that the costs of 

the discontinued order shall be reserved and dealt with at 

a future date. 


And you agree with that course, do you? 

VJ 

Mr. PAYNE: I am content with that order, 


Very well. 

my Lord. 

Mr. HYTNER: My Lord, there are two other matters to be dealt 

with. One of those matters, namely the question of the 

trust deed, I can deal with when my learned friends have 

gone. They need not be here for that, and it would not be 

jj fair to keep them. 

1.



Yes 

B 

Mr, 

HYNTER: The other matter concerns the date of the 19th 

June. It was always anticipated that th ere would be 

remoteness of damage test cases heard at the conclusion 

of the existing actions, and I am now in a position to be 

able to tell your Lordship that there is an existing case 

of Stephen Jones v. The Chief Constable, the Writ having 

been issued yesterday, the 19th December That is in 

respect of one test action. There are, I think, nineteen 

categories of remoteness of damage cases , and in five of 

them the first defendant has agreed to c ompensate, so there 

is no test case in those categories, but the remaining 

categories will the subject of test case s . 


Yes 

D 

Mr. HYTNER: The first defendant, the only existing defendant 

in those cases, has agreed for it to be said that the only 

issues which will be raised are remoteness of damage and 

proof of injury and quantum and proof of injury. Quantum 

will not necessarily be heard in the test case; the only 

issue is remoteness of damage, and there will be no need 

for pleadings. It will be an Order 18 case and there should 

be no difficulty in getting those ready. 


in those cases? 

Will there be any need for oral evidence 

Mr. HYTNER: 

No, my Lord, I should not think so. 


It is really legal argument. 

Mr. HYTNER: Yes . 

Mr. JUSTICE STEYN: It is not strictly a question of remoteness; 

it is duty of care. 

Mr. HYTNER: 

Yes, my- Lord - no duty of care and public policy. 


Yes. 

Mr. HYTNER: I understand that there will be a disagreement 

between the defendants as to what should happen on the 19th 

June, and my situation is that if the 19th June is vacated 

as a date for the consideration of the issues between the 

defendants, we would like the remoteness of damage cases 

heard on the 19th June. 


Yes. 

H 

Mr. HYTNER: If, on the other hand, the 19th June is to remain 

as a date for the disposal of the third party proceedings, 

then we would not want to float behind those cases but we 

would then ask your Lordship to fix the remoteness of damage 

cases for the first week of the Michaelmas Term. 

2.

D.l_.SELLERS & Co. /W. LLOYD WOODLAND 

A 

Mr. JUSTICE STEYN: It seems to me that the sensible course is 

to retain the date of the 19th June and deal with the points, 

and the other proceedings must go to a later date. 

Mr. HYTNER: I am wholly neutral on that, my Lord, and I leave 

it for my learned friends to consider. 


So that is the point that I need to rule on. 

B 

Mr. HYTNER: 

Yes, my Lord. 

Mr JUSTICE STEYN: Namely, that the nervous shock cases will 

go ahead on those dates. Will there still be a hearing of 

six weeks? 

Mr. HYTNER: No, 

at the most. 

my Lord, .in the nervous shock cases, five days 

Mr. JUSTICE STEYN: I suppose it depends on whether there will 

be oral evidence. 

D 

Mr HYTNER: I anticipate that no oral evidence will be given, 

my Lord, because the test cases will be taken from known 

instances of where plaintiffs were and where their relatives 

were, and where they saw it and heard it. I doubt whether 

oral evidence will be required for the purpose of the test 

cases. 

Mr. JUSTICE STEYN: In relation to those nervous shock cases, 

I do not want to make a suggestion about how the hearing 

should be presented, but is that something which can be 

discussed later on today and worked out? Is there something 

to be said for the plaintiffs in those cases putting in 

a skeleton argument, perhaps? 

Mr. HYTNER: Yes, we anticipate that the facts on which each 

case is brought should be in the form of a letter which 

indicates the issue as well - and that is the sort of Order 

18 material - and I anticipate that there will be a skeleton 

argument in the end, which would help. 

Mr. JUSTICE STEYN: It would be helpful to the trial judge to 

have a bundle of photocopies of judgments. 

Mr. HYTNER: 

Yes, my Lord. 


It will no doubt speed it up. 

H 

Mr. HYTNER: I have not yet done the research, and we may have 

to go back, but the leading case at the moment is McLoughlin 

and O'Brien, and I think everything will start from there. 

It is a question of how the courts will apply the present 

known principles to modern circumstances that have not yet 

come before the courts, namely what happens when you see 

something on television, or a re-run on television, and 

so on. 

3 .


*6? 

A 

Mr. JUSTICE STEYN: In a case where there is so much involved, 

I would not be surprised if counsel do not look at the 

Australian and American cases. 

Mr. HYNTER: Yes, I think there is going to have to be some legal 

archaeology. 


Yes, I think so. 

B Mr. PAYNE: My Lord, the first defendant asks you to make an 

order in accordance with your provisional view, that is to 

say, we agree with the plaintiff that the date of the 19th 

June should be kept open, should it become necessary for 

litigation about any of the remoteness of damage cases, and 

so we agree with that. In relation to the rest of the 

action, the question of the contribution between the 

defendants, we agree and request that the date of the 19th 

June should be vacated for that trial and that no further 

order should be made about the date of the trial. 

Mr. JUSTICE STEYN: I am not so sure about that. I do not think 

it would be terribly fair. There is a date for it, and if 

I vacated that date, I think I would have to say the 

beginning of October, or whatever date turns out to be 

reasonable. 

Mr. PAYNE: We ask your Lordship not to fix a date at the moment. 

I understand that this is contentious, and I put before your 

Lordship the arguments which we think arrive at the 

conclusion at the moment that no date should be fixed for 

the trial of the substantive issues. 


You are for the first defendants? 

Mr. PAYNE: That is right, my Lord. 


And you want contribution proceedings? 

Mr. PAYNE: 

Yes. 

F Mr. JUSTICE STEYN: Your client's mind has been concentrated by 

earlier orders, and if I fix a date, your client's mind 

will be concentrated on the contribution proceedings. Why 

do you have an interest in not having a fixed date? 

Mr. PAYNE. My Lord, because the position has changed considerably 

since the matter last came before the court. The great 

interest then was that the plaintiffs should be provided 

for by getting the case on at an early date, but the 

situation now is that the first defendant has taken what 

we hope your Lordship will think is a responsible initiative 

in the case which involves a considerable amount of work in 

dealing with the very large number of cases which will now 

be presented to us. The only thing which now remains to be 

tried by the court is the question of apportionment of the 

money between the defendants. So, with respect, it has 

moved from the position of being a case where it was very 

much in the public interest and a matter of urgency to put 

it before the court to the --- 

4.

D.l—'SELLERS & Co. /W. LLOYD WOODLAND 


date? 

But what is your interest in putting off that 

B 

C 

Mr. 

PAYNE: The principal reasons are that there are investigations 

proceeding at the moment which will eventually lead to a case 

being put before the Director of Public Prosecutions to decide 

whether there should be criminal proceedings arising out of 

this event, and your Lordship knows that those investigations 

are being directed against various officers employed by the 

police authority. This matter was canvassed before Mr. Justice 

Rose on the 26th October, the result being that at the 

moment the first defendant is bereft of any statements or 

means of investigation of the case, because naturally those 

who are under threat of criminal proceedings are not 

disposed to co-operate with those responsible for the civil 

action, and so this ser,ious handicap in the presentation of 

the Chief Constable's case was exercised before Mr. Justice 

Rose on the last occasion in support of an application for 

a stay of proceedings or that a later date should be fixed. 

It did not work in front of Mr. Justice Rose, quite 

understandably, because of the overriding interests of the 

plaintiffs and the court thought it was better that the 

interests of the plaintiffs should be brought forward. 

^ 

Mr. JUSTICE STEYN: Can you imagine the position that the club 

would find itself in if there was an immense delay and an 

enormous claim hanging over them and they went to their 

bank manager asking for an overdraft? They must have an 

enormous interest in finality. 

Mr. PAYNE: Yes, my Lord, indeed, and we hope that your Lordship 

will look favourably upon the position of^ the Chief 

£ Constable also, who is making provision for compensation 

to be paid not only to the plaintiffs but to many others 

who have not brought actions. Your Lordship has seen the 

terms of the letter. 


Yes. 

Mr. PAYNE: In our respectful submission, the voice of the Chief 

p Constable should be heard powerfully when he says that he 

should not be forced to conduct his claim for contribution 

against the defendants under the serious handicap that he 

does not have available to him essential evidence to run 

his case. That may not have worked when the court had to 

consider the interests of the plaintiffs, but when it now 

has to consider the interests of the person who has made 

provision for the plaintiffs, our submission is that the 

G point now has more weight than it may have had before Mr. i 

Justice Rose. 

^ 

My Lord, on the merits point, perhaps I may deal with 

the other matters. Your Lordship will probably know that 

the inquest has not yet been held. The attitude of the 

Coroner is that he has not fixed a date and is waiting to 

hear the result of the investigations into the criminal 

matter and the decision of the Director of Public Prosecutions 

as to whether there is to be a criminal action. In the 

5.

D.L.*SELLERS & Co. /W. LLOYD WOODLAND 

meantime, the Coroner has selected a significant amount of 

evidence which is going to be relevant to the question of 

A apportionment between the defendants. We anticipate, 

regrettably, that one of the matters which may have to be 

canvassed in the trial is the whereabouts of the various 

people who died and who were injured in the pens, and we 

anticipate that this may be a matter which will have to be 

explored on the question of causation, because the barrier 

which failed is the subject of considerable interest, and 

we cannot get that evidence at the moment, my Lord, because 

B the Coroner is withholding information. 

There is a letter here which, as your Lordship can see, 

is addressed to the Coroner which shows that we are not to 

be allowed access to that information. (Handed). Will your 

Lordship also be good enough to look at a letter which we 

have received from Mr. Mervyn Jones, the Assistant Chief 

Constable of the Hillsborough Inquiry team, which I can hand 

C up, which deals with the release of statements - it is the 

11th December - which my learned friends have not seen, but 

it has been passing between us and Mr. Mervyn Jones. May 

I say that it is written in response to our attempts to get 

hold of evidence in order to get on with the contribution 

proceedings. (Handed). 

D Mr. JUSTICE STEYN: Yes. 

Mr. PAYNE: Your Lordship will see that he says that the decisi on 

of the Chief Constable is hoped to be by the spring of next 

year. This is why we are in the slightly unusual position 

that it is we who wish to pursue the contribution proceedings 

ultimately against the co-defendants but we are significantly 

hampered by not being able to correspond — - 

Mr. JUSTICE STEYN: Can you give any prediction as to the year 

in which those difficulties may disappear? 

Mr. PAYNE: 

see. 

We are in the hands of others, as your Lordship can 

Mr. JUSTICE STEYN: It could be 1991 or 1993. 

Mr. PAYNE: The matter 

is out of our hands, my Lord. 


Yes. 

H 

Mr. PAYNE: There are perhaps more matters which we think are 

of importance, but since we have agreed to make provision 

for the plaintiffs, it is now we who will be proceeding 

with the claim for contribution, and therefore we wish to 

have the opportunity to present the claim in our own way, 

which is not necessarily the way in which the plaintiffs 

have presented their claim against the various defendants. 

Our understanding of the position between the defendants 

is that there is no live third party action between ourselves 

and the co-defendants. We did issuea ThirdParty Notice 

and a Summons for Third Party Directions, which was before 

Mr. Justice Rose on the 26th October. The matter was 

6.

D.L; SELLERS & Co. /W. LLOYD WOODLAND 

canvassed as to the state of the action and the upshot was 

that Mr. Justice Rose made no order on our application for 

A third party directions. We understand, therefore, that our 

third party proceedings are described as a nullity and 

therefore there is no issue between us. 

Mr. JUSTICE STEYN; 

And what about the contribution proceedings? 

B 

Mr. PAYNE: Perhaps I ought to call them contribution proceedings. 

That is what I mean by third party proceedings. So at the 

moment there is no contribution action on foot between ourselves 

and the defendants. 

Mr. JUSTICE STEYN: What about the third party notice? Was 

that served? 

Mr. PAYNE: 

Yes, my Lord. 

C Mr. JUSTICE STEYN: And did Mr. Justice Rose make any order on 

that? 

Mr. PAYNE: 

No, my Lord. 

Mr. JUSTICE STEYN: So it is still extant and I am still in a 

position to make directions on it, if appropriate. 

^ Mr. PAYNE: The position is that the matter was before the court 

on our application at that time, because it was our application 

for third party directions, and in the result the learned 

judge made no order. 

E 

F 

Mr. JUSTICE STEYN: But Mr. Justice Rose was focusing on the 

main matter, the interests of the victims. 

Mr. PAYNE: Yes. We think that the result of the refusal to 

make third party directions is that the third party notice 

is a nullity. 

Mr. JUSTICE STEYN: Is there anything in Mr. Justice Rose's order 

about the third party directions? Does it say, "Third 

party direction refused"? What does the order say? 

Mr. PAYNE: Mr. Justice Rose made no order on the third party 

directions. 


So they are still extant? 

C j 

Mr. PAYNE: I wonder if your Lordship would be kind enough to 

look at this authority - a decision of Judge Noone? (Handed). 

Mr. JUSTICE STEYN: Yes. Here there was a refusal - is that 

right? 

Mr. PAYNE: 

Yes. 

Mr. JUSTICE STEYN: There was an application for third party_ 

directions and the learned judge declined to give directions; 

but until somebody shows me an order, I assume that Mr. 

Justice Rose did not refuse. He simply made no order.

D.L.‘SELLERS & Co. /W. LLOYD WOODLAND 

Mr. PAYNE: Will your Lordship accept this copy? (Handed) 

A Mr. JUSTICE STEYN: Thank you. 

Mr. 

PAYNE: That is our position, my Lord, that there is no 

third party action at the moment on foot between ourselves 

and the co-defendants. Now, if your Lordship --- 

g 

Mr. JUSTICE STEYN: If I am against you on that, you are not 

asking to withdraw them? 

Mr. 

PAYNE: Yes, we will. 

Mr. JUSTICE STEYN: Will you? 

C 

Mr. PAYNE: Yes, my Lord. We would much rather that the situation 

was observed on its merits and the Chief Constable be given 

credit for the initiative that he has taken and be allowed 

to conduct the third party action in the way that he wishes, 

but if that is not so, then we will have to discontinue. 

Mr. JUSTICE STEYN: And there will be an application for costs 

against you for striking out, presumably. 

D 

Mr. 

PAYNE: We are anxious not to have to reach that position 

unless we have to. 


I follow. 

Mr. PAYNE: The position in relation to the third party proceedings 

is that the third party notice is very short in form. It 

does no more than repeat the terms of the Statement of Claim 

and to add one further point which it is possible to say is 

k already pleaded in the Statement of Claim. It was thought 

that the point could be made more precisely, and therefore 

that is why it is stated in the third party notice. No 

defence has been served to any of the third party notices 

and, as we understand the rules, until such a defence is 

served, those proceedings can be discontinued, and this has 

no effect on the position of the plaintiffs or in this case 

P the defendants commencing a new action; but, as I say, we 

are anxious not to reach that stage, anxious not to do that. 

Mr. JUSTICE STEYN: On that point, I appreciate it is in the 

power of those defendants to issue a process asking for 

declarations of non-liability, and you will be in the same 

position. 

G Mr. PAYNE: This is why we are anxious that the matter should 

be seen on its merits. The action as it stands before the 

court at the moment, as your Lordship knows, is in the form 

of two separate actions, one by Mrs. Chapman and one by 

Mrs. Rimmer. We do not think that within those actions 

all the issues which will arise in the contribution 

proceedings are included. We think that if those actions 

had to proceed, the result would not be to produce a decision 

H which could be applied to all the cases which we have now 

taken the burden to discharge. We think the result would be 

8.

D.L.'SELLERS & Co. /W. LLOYD WOODLAND 

A 

a fragmentation of the proceedings, and we think that a 

lot of the matters will not be covered and adjudicated upon 

in the present form of the two actions. 

We agree with the plaintiffs that we should proceed 

as lead actions, but there is no corresponding agreement 

between the defendants, and we hope that this point can 

adequately be explained to your Lordship by me. Although 

it was agreed with the plaintiffs that Chapman and Rimmer 

should be treated as lead actions, that was an agreement 

B with the plaintiffs, and the other defendants also made 

similar agreements with the plaintiffs, but when it comes 

to apportionment, quite different considerations apply. 

At the moment there is no agreement between the defendants 

that that should be the case, and if the co-defendants 

offer to agree that these two actions should decide certain 

matters, we would be very glad to talk about it, but we 

have had no such approach made. The kind of thing which 

will be relevant in the contribution proceedings, we 

anticipate, is what was the cause of one death or batch 

of deaths or all deaths, because it is not necessarily going 

to follow that if one party can be blamed for having caused 

or contributed to a particular death, that would necessarily 

follow in the case of others. These are points which we 

think are going to have to be adjudicated upon in the 

j) absence of agreement, and we do not know what our case is 

going to be, of course, because we do not have access to 

the information in the hands of the Coroner and the 

investigating officer, so we ourselves do not know the 

whereabouts or whether it is possible to establish the 

whereabouts of significant numbers of people who died. 

This is going to be a relevant issue in the litigation on 

the question of the failure of the barrier and the question 

E of provsion of means of escape in the pens, and we are 

quite sure that the Chapman and Rimmer actions will not 

provide a sufficient vehicle to enable the points to be 

decided on the question of apportionment. 

Mr. 

JUSITCE STEYN: Yes. 

Mr. PAYNE: There is one last matter that I would like to raise, 

F if I may, and it is a practical matter. June is a short 

time away and the Chief Constable has undertaken the 

burden now of paying compensation to claimants who we 

understand may run up to about 1,000 in number. The volume 

of work in dealing with those claims and in making sure 

that we are able to arm ourselves with the evidence which 

we will need in our action for contribution against the 

r 

co-defendants will be very, very time-consuming, and there 

is only a certain amount of manpower that can be allocated 

to it; the burden of work is probably going to be 

insupportable, and in our submission six months will not 

be sufficient time in which to deal with both aspects of the 

case. 

pj 

My Lord, it is for those reasons that we are taking 

the position that although we want contribution, we also 

say that we ask for it not to proceed in June and that no 

date should be fixed, for the reasons I have sought to explain, 

9.

D.l.'SELLERS & Co. /W. LLOYD WOODLAND 

A 

namely that matters are largely out of our control and we 

intend to get on with the apportionment proceedings because 

our insurers will be anxious to recover some money from 

the others responsible, and we cannot tell your Lordship 

when we will be in a position to do so, but we have every 

intention of proceeding as soon as reasonably practicable 

with the apportionment actions. 


Yes. 

B 

Mr. PAYNE: 

My Lord, that is our position. 

Mr. JUSTICE STEYN: Yes, thank you. Mr. Glasgow? 

q 

D 

E 

P 

Mr. GLASGOW: May it please your Lordship, on behalf of the 

club we have only two concerns. The first is that nothing 

should be done by us to get in the way of the settlement 

of the victims' claims, and that has been our priority 

throughout. Our second concern is to proceed to the 

termination of any liability between all the defendants, 

and we recognise that we have no greater interest in this 

than anybody else, and we want to proceed with that as 

expeditiously and as promptly as is fair to all concerned. 

We have in mind that with the co-operation of all concerned 

we have all been working very hard - and that is not simply 

the solicitors but solicitors and counsel - throughout the 

summer in order to meet a timetable which we had all agreed 

to and which we had thought was fair to all parties concerned. 

My Lord, the club's interest in getting the matter 

determined is two-fold: first the commercial one; it is 

a serious commercial matter to have it hanging over us, 

but our primary concern is that we have employees and senior 

officers who for wholly legitimate reasons still have 

hanging over them allegations that they have been negligently 

concerned in the deaths of 95 people, and some of them have 

been under great strain. Suffice it to say that it is right 

that their fears and nightmares - and I choose the words 

advisedly - should be brought to an end as soon as possible, 

and the issue has been joined between the defendants and we 

have pleaded our cases very fully. 


When were the third party proceedings served? 

Mr. GLASGOW: The third party notice was served on us by the 

Chief Constable on the 18th October, 1989. 

G 

H 


Yes. 

Mr. GLASGOW; And it is quite right that Mr. Justice Rose made 

no order on that, let it be said by my encouragement. 

Mr. JUSTICE STEYN: The Summons for Directions was the 3rd November, 

so itwas a couple of days after the service that he was 

dealing with it, and before Mr. Justice Rose everybody 

treated them as extant third party proceedings, which the 

order recites, and there is no order on those proceedings; 

it is simply that nothing has happened. 

10.

D.L.‘SELLERS & Co. /W. LLOYD WOODLAND 

A 

Mr. GLASGOW: I addressed Mr. Justice Rose on it to the effect 

that it did not serve any useful purpose -and Mr. Justice 

Rose agreed - because we thought that the matter was 

sufficiently set out and no directions were necessary. 

But it is, with respect, a nonsense to suggest that they 

lapse or become a nullity, and, putting the matter bluntly - 

and I hope it does not sound offensive - we do say quite 

firmly on instructions that if the police do not wish to 

proceed with their third party proceedings, we do. 

B Mr. JUSTICE STEYN: Yes. 

Mr. GLASGOW: And we have taken the precaution of serving some 

ourselves yesterday in order to provide for that unhappy 

eventuality. 

Mr. JUSTICE STEYN: In which you would be claiming declaratory 

relief for non-liability. 

Mr. GLASGOW: Yes, and your Lordship will appreciate that we 

volunteered to pay our own costs, but I stress that it is 

not about money. 

Mr. JUSTICE STEYN: If Mr. Payne says that they will discontinue 

and he says that they do not need leave - and I say nothing 

j) about the consequences of that discontinuance, whether it 

has a divestive effect or not -- 

E 

F 

Mr. 

GLASGOW: Those will be matters for me to raise, and I can 

only do it by suggesting an abuse of process if I believe 

that to be right, but we will continue, my Lord, and I say 

that in the light of the fact that nothing which we do will 

get away from the plaintiffs' interests.^ If the nervous 

shock is tried first, then we will not get involved in that 

and Mr. Hytner will deal with that, and we have six weeks 

set aside for an action which is not going to take that 

length of time now because the obstructive attitude on the 

part of the police by the refusal to admit facts has now 

thankfully evaporated from the scene, but we would like to 

use that time, and we believe that we can do so properly 

and helpfully to all parties concerned. As far as the 

difficulties about preparing for that trial are concerned, 

that matter was listened to with care by Mr. Justice Rose 

and ruled upon and not appealed. Mr. Justice Rose was not 

impressed by the argument that the police were without 

instructions - and this is not meant to sound offensive 

b u t --- 

Mr. JUSTICE STEYN: This is the evidence of the police officers 

who testified at the inquiry? 

Mr. GLASGOW: 

Yes, my Lord, and cross-examined by me. 


Yes. 

Mr. GLASGOW: And it is unhelpful, with respect, to submit that 

they have not made statements or that there is no access to 

them. It is unhelpful to suggest that the first defendant 

11.


^ 

is bereft of statements; that is not right, my Lord, as those 

of us who participated in the inquiry know. 

Mr. JUSTICE STEYN: If I uphold Mr. Hytner's contention that the 

nervous shock cases should be determined in a week, 

administratively it causes difficulty to start your case 

immediately after, but do you have any objection to my 

adjourning those to October? 

B Mr. GLASGOW: No, my Lord. 

Mr. JUSTICE STEYN: May I qualify it in this way: I had in mind 

to make a direction that it be heard during that particular 

term but leaving it for me to discuss the matter with Mr. 

Justice Rose as to whether it should be the first or second 

half. How long do you think it will take? 

C Mr. GLASGOW: My Lord, we have always thought about a month. 

Mr. JUSTICE STEYN: What I have in mind is simply to say that 

it will be tried in that term and the actual fixing of the 

date I will do after discussion with Mr. Justice Rose. 

^ 

Mr. GLASGOW: If your Lordship will hear from those of us who 

are concerned at the time, I would be grateful, for the 

simple reason that although I appreciate the interests of 

Counsel are of no consequence, when people have been in the 

matter for a long time, it places great strain on the people 

coming in. 


Of course. 

g Mr. GLASGOW: And, of course, there is another matter, that the 

fixing of the Guilford Inquiry, which involves three of the 

Counsel appearing before your Lordship, is being re-arranged 

around this matter. 

Mr. JUSTICE STEYN: So it would be of advantage to you if I 

were to make a decision today one way or another. 

F Mr. GLASGOW: Yes, my Lord, because the people who are 

responsible for the listing of the Guilford Inquiry have 

said that the Hillsborough matter should take precedence, 

and I fully appreciate that we all understand --- 

Mr. JUSTICE STEYN: I will decide the issue today and make my 

peace with Mr. Justice Rose. 

G Mr. GLASGOW: Thank you very much indeed. 

H 

Mr. FENWICK: So far as the fourth defendants are concerned, 

your Lordship will already have very much in mind the 

concern of Dr. Eastwood and the firm with this litigation 

hanging over them, both as to commercial considerations and, 

rather more importantly, as to professional reputation, and 

we would certainly resist the going off into the indefinite 

future of any contribution proceedings. 

12.


A 

Mr. JUSTICE STEYN: Have you also caused proceedings to be 

initiated for declaratory relief, non-liability? 

Mr. FENWICK: 

No, my Lord, we have not. 

Mr. JUSTICE STEYN: .In the event that there is a discontinuance 

against you, is that a course that you would also be likely 

to adopt? 

B Mr. FENWICK: It is certainly a matter that we would have to 

consider most carefully, my Lord. We are very worried, 

of course, because as we read the provisions of the Limitation 

Act, it would leave it open to the first defendant, at any 

stage up to two years after he finally agrees an assessment 

of damages with any plaintiff, to bring proceedings under 

Section 10(4) of the Act against us, which may be many years 

hence. It is not a matter that we have decided, my Lord, 

C but we would consider it very carefully. 

Mr. JUSTICE STEYN: You would consider the implications of it 

and the possibility of initiating proceedings yourself? 

P 

Mr. FENWICK: Certainly, my Lord. As we see it, the first 

defendants have stated in a series of letters --- Does 

your Lordship have the bundle? 

Mr. JUSTICE STEYN: Just give me a moment; yes. 

Mr. FENWICK: Can I invite your Lordship's attention to page 26 

of the bundle,- which is the letter accompanying the offer 

of settlement, and in particular can I invite you to look 

at the last paragraph on the third page, "The plaintiff will 

£ pursue action ..."?' 


Yes. 

Mr. FENWICK: And on page 30, on the 18th December the first 

defendant's solicitors write to those instructing me, again 

saying "In due course proceedings against your client will 

be issued." So, my Lord, it is not as though there is any 

F doubt; the police have stated that they intend to issue 

proceedings against us, and if that remains their position, 

it is in everybody's interests that the matter is determined 

quickly. 

Mr. JUSTICE STEYN: It seems to me that there are at the moment 

third party proceedings which have been served on your client. 

G Mr. FENWICK: Yes, that is correct. 

Mr. JUSTICE STEYN: Third party proceedings against your client 

served in October. 

Mr. FENWICK: Yes, on the 18th October, and they repeated and 

recited or adopted the allegations --- 

H 

13.

D.L: SELLERS & Co. /W. LLOYD WOODLAND 

Mr. JUSTICE STEYN: I assume you make the same submission as Mr. 

. Glasgow about the proceedings being extant, about them not 

having lasped and about wanting them tried. Do you have any 

objection to October? 

Mr. FENWICK: I do not know whether leading counsel is available 

at that time, but it is quite clearly a matter that should be 

dealt with. 

B Mr. JUSTICE STEYN: Yes. 

C 

Mr. FENWICK: My Lord, there is only one more point. The matter 

before Mr. Justice Rose on the last occasion was a Summons 

for Directions issued on the 19th October, in respect of 

which the first defendant sought a number of directions as 

to service of defence and discovery, which we took the view 

were unnecessary in these kind of proceedings, as the 

plaintiff was saying that he was proposing to amend the 

Statement of Claim to add in the extra allegations in the 

third party notice, and the learned judge dealt with it on 

that day on the basis of the Summons for Directions rather 

than the proceedings themselves; but, quite apart from that, 

I entirely endorse what my learned friend Mr. Glasgow says. 

Mr. JUSTICE STEYN: Thank you. 

D 

Mr. FENWICK: We certainly do not object and we ask your Lordship 

to make directions with a view to a trial in June or October, 

and we do hope that it would follow on after the nervous 

shock cases, but we clearly understand the administrative 

difficulties that would be involved. However, what we do 

say - and we have given notice in correspondence to the 

first defendant about it - is that in giving directions today, 

k we would invite your Lordship to make an order that the 

first defendant provide us with Further and Better Particulars 

which we have requested against the plaintiffs. It is an 

unusual request, but we do it for this reason --- 

p 

Mr. JUSTICE STEYN: Well, I am not going to get bogged down in 

this at the moment, Mr. Fenwick. What I suggest is that 

Counsel should discuss that matter and I will deal with it 

on another occasion. 

Mr. FENWICK: 

Yes, as your Lordship pleases. 

Mr. JUSTICE STEYN: I will not be involved in that at the moment. 

Is that your submission? 

G Mr. FENWICK: It is, my Lord. 

H 

Mr. PAYNE: My Lord, may I reply shortly? As to the contribution 

notice issued by the first defendant, it has not in fact 

been issued; it is not stamped by the court. I have copies 

which I can hand to your Lordship. (Handed). Your Lordship 

will see that the two actions are in the same form, and they^ 

are not asking for any declaration but for orders for indemnity 

or contribution in the ordinary way, and so those notices are 

14.

D.Lr SELLERS 8cCo. /W. LLOYD WOODLAND 

^ 

a vehicle which would be appropriate if an award of damages 

had been made against the second defendant who was trying 

to recover against us --- 

Mr. JUSTICE STEYN: It is a mere technicality, because Mr. Glasgow 

can cause his solicitors to issue the necessary process for 

a declaration of non-liability. 

B 

Mr. PAYNE: Yes. 

Mr. JUSTICE STEYN: And declarations are a discovery matter. 

Isn't this shadow boxing? 

Mr. PAYNE: I hope your Lordship will not take that view, because 

we think there are serious points of substance involved here. 

C 

Mr. JUSTICE STEYN: Yes, all the points you have made are 

different matters, but I am not terribly impressed with 

your submission that the existing proceeding is a nullity. 

I am against you on that. It seems to me in any event that 

it is open to Mr. Glasgow to ask for a declaration of nonliability. 

Mr. PAYNE: So far as the vehicle for the case is concerned, on 

the points of substance, we feel that if these actions 

D proceed with a view to trying to get a decision of apportionment 

of liability, the decision will not be achieved because 

we are making settlement with about a thousand people, which 

will inevitably cover wider issues. That is the first point. 

The second point is that we have not got access to our 

witnesses, and your Lordship already has that point. There 

is then the point about the criminal investigation, and there 

is no agreement between the defendants as to the significance 

11 of any findings of the court in the Chapman and Rimmer case. 

Mr. JUSTICE STEYN: But on the matters of substance --- 

Mr. PAYNE: On the matters of substance, your Lordship has heard 

our submissions. 

p Mr. JUSTICE STEYN: Yes, thank you very much. Mr. Hytrier, do 

you want to say anything in reply? 

Mr. HYTNER: No, my Lord, but in relation to the remoteness 

cases, at some stage it may well be that your Lordship 

thinks it right to say that there ought to be orders pursuant 

to Order 18. At the moment there is only the case of Jones 

where the Writ was issued yesterday, and I suspect that if 

G I ask for an order under Order 18 where the Writ has not 

been served, your Lordship may think it is premature. 

H 

Mr. JUSTICE STEYN: Yes. When I have given my ruling, can I 

ask you to draw up a Minute of Order so that I can sign it 

and then if there are any outstanding issues on it, the 

matter can be mentioned to me by juniors again tomorrow 

morning?


A 

Mr. HYTNER: Yes, of course, and may I at 2.15 deal with the 

Trust Deed? 

Mr. JUSTICE STEYN: I was going to ask you if you could do it 

at quarter-to-2. 

Mr. HYTNER: 

Certainly, my Lord. 

B 

^ 

Mr. JUSTICE STEYN: Then it remains for me to give my ruling. 

I direct that what I will loosely describe as the nervous 

shock issues, in relation to the listing of cases, be 

determined as from the 19th June, with an estimated duration 

of five days. 

There then arises the question of what is to happen in 

relation to the proceedings between the Chief Constable and 

the second and fourth defendants. A number of arguments 

have been placed before me to the effect that there ought 

to be no fixed date, some of which I can deal with shortly. 

It is argued that those proceedings are a nullity. I 

have been referred to a case of Courtney-Evans -v- Passey 

(1986) 1 All England Reports, 932, where there was a refusal 

to make directions, but in this case there was no refusal; 

the learned judge was saying that he made no order on the 

j) third party proceedings and he was treating them as extant 

proceedings, and there has been nothing to convert those 

proceedings into a nullity. In my judgment, there is no 

merit in that argument whatsoever. 

E 

F 

I then come to the points of substance. It is argued 

that the police are under a tremendous handicap in conducting 

their investigations, and the Coroner's documents have not 

been released, and it is said that there are all sorts of 

matters which are not covered by the existing lead cases. 

As against that, I must bear in mind that the particular 

defendants with whom I am concerned, the second and fourth 

defendants, have a real commercial interest in having the 

proceedings terminated, and a very, very real interest in the 

case of the fourth defendants in having allegations of 

professional negligence determined, and in the case of the 

second defendants in having these allegations against their 

employees determined. 

Balancing these matters against one another,in my judgment 

they tilt strongly in favour of fixing a date. I make it 

quite clear that I do not accept that the police are as 

hampered in their investigations in this case as has been 

r suggested. It seems to me that they have had the benefit 

of a great mass of statements and all the evidence that was 

given at the Taylor Inquiry, and I do not accept the view 

that justice requires that I ought to put off this case 

until some undisclosed date, a date which cannot be indicated 

even in the vaguest terms, whether it be 1991, 1992 or 1993. 

In my view, justice requires that a date be fixed. On a 

previous occasion a date was fixed and it concentrated the 

pj mind of the Chief Constable, and I believe that if it is 

fixed now, it will concentrate the mind of the Chief Constable. 

16.


B 

I fix that date for the beginning of the term in October 

next year. What will be tried then are the extant third 

party proceedings which were served on the second and fourth 

defendants on the 18th October last year. If, in addition 

to that, there are any proceedings for declarations of 

non-liability, I would apprehend that there will be 

applications that those proceedings take place at the same 

time, and at the moment I cannot see why that should be 

resisted. 

So, for all those reasons, I make the order which I have 

indicated, and I will be happy to deal with any consequential 

orders to be made either later on today, if the time is 

available, or otherwise tomorrow morning. What I would like 

to see is if counsel will work out a form of order today 

in relation to the third party proceedings which provides 

for a detailed timetable for the resolution of those 

, q particular disputes and a timetable providing for the service 

of Defence and Reply and all the other consequential orders 

which are appropriate in a case like this. If it turns out 

that it is impossible for counsel to agree on those matters, 

I shall be happy for the matter to be mentioned to me 

tomorrow morning for those orders to be made. 

D 

Mr. PAYNE: Would your Lordship grant me leave to appeal the 

order fixing the date? 

Mr. JUSTICE STEYN: I refuse the application for leave to appeal 

on the basis that it has no merit whatsoever. Is there 

anything else arising? 

Mr. GLASGOW: Only to thank your Lordship for fitting us in. 

We hope your Lordship did not get the impression that there 

E was discontent at the bar. It was disappointment rather 

than discontent. 


Thank you very much indeed. 

Later 

P Mr. HYTNER: May I now revert to the case of Rimmer and Chapman? 

What we are asking your Lordship to do - obviously not 

today, because your Lordship will not have had an opportunity 

to consider the documents fully - is this: we would like 

in due course to have approval of two specimen forms of 

Trust Deed. The idea is that there is at the moment, as 

your Lordship knows, a very large Trust Deed set up for the 

benefit of the Hillsborough victims and the trustees of that 

G 

fund only retain money in order to pay it to the beneficiaries, 

and where the beneficiaries are under a disability they 

ensure that trusts are set up. Now, there are two approved 

forms of trust as set up by the trustees for infants. One 

form is where there is one child (or alternatively where 

there is more than one child but for some reason the parents 

wish a separate trust to be set up for each child) and the 

second form is where there is more than one child, the 

H difference being that where the benficiaries are more than 

one child and one dies, the money accumulates for the second. 

17.


3 ® ? 

A 

g 

ic 

What has happened is that in order that there may be 

flexibility - because there is never going to be any 

compulsion about this - in order that the next friends 

in the Hillsborough actions can consider the advisability 

of putting children's money into trust, whether the child 

is a child under the Fatal Accidents Act case or a personal 

injuries case, what has now been done is that amendments 

(as I would call them as a common lawyer) to powers of 

appointment have been drawn up in the case of each of the 

trusts to enable moneys from damages to be paid into the 

same trust as the Hillsborough trust, but, because of one 

matter which I shall mention, the two funds will be kept 

separate within the same trust. The reason for that is 

that under the Hillsborough form of trust the child only 

gets the money at the age of 25 and if the child dies at 

between 18 and 25 years, the trustees will dispose of the 

money in some other way, and that clearly cannot be approved 

by a court by way of damages, and there will be a power of 

appointment to enable the trustee to keep the damages fund 

separate but the child will have a beneficial interest at the 

age of 18. 


Yes. 

D 

Mr. HYTNER: When this matter was mentioned before Mr. Justice 

Rose, his view was that the matter was premature because 

there were no damages to be considered. In the case of 

Rimmer, which your Lordship has heard this morning is to 

be stayed and damages paid, there are two infant children 

and we feel that we can now ask your Lordship for the 

approval of the Trust Deed. 

E 


this morning? 

You are not actually asking for an order 

Mr. HYTNER: No, because I do not know whether the next friend 

will want the money to come into the trust. That is a matter 

that will have to be considered. 

p 

G 

Mr. JUSTICE STEYN: So there will be another appearance before 

me in the New Year? 

Mr. HYTNER: Yes, and what we would like your Lordship to do is 

to look at the documents to see if, in the event of an 

application being made in this case or any subsequent case 

for the money to be paid into a trust fund, there will be 

no longer any need in an individual case to say that the 

judge has to approve the trust, because it will have been 

approved by the court. 

Mr. JUSTICE STEYN: I find myself an innocent abroad here. Is 

there any mechanism whereby I can appoint an amicus curiae? 

H 

Mr. HYTNER: With respect, there is an easier way than that. 

These trusts have been drafted by Counsel and what we can 

do - and this was something which was suggested to me before 

but I said that it should not be done before Mr.- Justice 

Rose because it would be a total waste of money - we can 

bring Counsel up who has drafted them. 

18.

D.L.

D.L. SELLERS 6tCO. /W. LLOYD WOODLAND 

j g S > 

Mr. HYTNER: 

Well before the Summons. 

Mr. JUSTICE STEYN: Yes. 

Mr. HYTNER: I am obliged. In relation to the cases which are 

to be heard in June - and I do not think my learned friends 

will mind my mentioning this in their absence - what we 

propose to do is that when the names of all cases are known, 

we will then seek an order under Order 18, Rule 21, and I 

do not think it should be necessary to seek it from your 

Lordship; it can be done through the District Registry. 

Mr. JUSTICE STEYN: Yes. Thank you very much. 

Mr. HYTNER: We are much obliged to your Lordship. 

Mr. JUSTICE STEYN: Thank you.. 

D 

E 

F 

G 

H 

20.

w • V /J J Iw J U/C,/o/\^ 

Joan Chapman -v- Chief Constable of South Yorkshire Police & 

Others 

Linda Mary Rimmer -v- Chief Constable of South Yorkshire Police 

& Others 

JUDGMENT 

Steyn J. 

The Chief Constable of South Yorkshire Police seeks an order:- 

(a) 

(b) 

declaring that Notices of Discontinuance of contribution proceedings 

were valid and effective; 

alternatively, granting leave unconditionally (save as to costs) to 

discontinue the contribution proceedings. 

Rival summonses from two other parties are also before the Court. In substance 

they seek relief to an opposite effect. 

The matters before the Court arise from the Hillsborough Stadium Disaster 

which took place on 15th April 1989. That disaster, as will be recalled, led to an 

exhaustive inquiry conducted by Lord Justice Taylor, who issued an Interim 

Report on 4 August 1989 and a Final Report in January this year. 

In the 

meantime, and in July 1989, a Steering Committee was formed to co-ordinate 

litigation by victims of the disaster. 

Writs were issued in two separate actions 

by the widows of two men, who were killed in two separate areas of the stadium. 

These actions are respectively called the Chapman and Rimmer actions. On 26th 

July 1989 in Liverpool, in my capacity as a Presiding Judge of the Northern 

Circuit, after hearing Counsel, I issued detailed directions which included a tim e 

table for the progress of the actions. At that stage there were two Defendants 

only, namely 

the Chief Constable and the Sheffield Wednesday Football Club. 

On behalf of the Chief Constable it was made clear that he would want to issue 

contribution proceeding against the Club, and third party proceedings against 

Eastwood

amendment. In the amended Statement of Claim the Plaintiffs pleaded 

negligence and breach of statutory duty against the Club, and negligence against 

the Engineers. In making the directions I referred to the actions to be tried as 

lead actions. 

At that stage I indicated that I had in mind a hearing in the 

summer of 1990 but I made no formal order. 

In September 1989 the Defendants served detailed Defences. The Defence 

of the Chief Constable made clear that, if held liable, he would seek a 

contribution or indt nity from the Club and the Engineers. On 18 October 1989 

the Chief Constable issued Contribution Notices against the Club and 

the 

Engineers. 

Both Notices are skeletal and refer to the grounds pleaded in the 

Statement of Claim, together with some additional grounds in the case of the 

Engineers. 

On 3rd November 1989, and in Manchester, the matter came for pre-trial 

review before Mr. Justice Rose, the other Presiding Judge of the Northern 

Circuit. The Chief Constable sought a stay. This was refused. Mr. Justice Rose 

ordered the two actions to be listed for trial in June 1990. No order was made in 

respect of the contribution proceedings. It was further ordered that a transcript 

of the Taylor Inquiry 

be admitted as a true record of what was said at the 

enquiry. 

On 15th December 1989 the Chief Constable announced, without admitting 

liability, an undertaking to compensate the victims. 

That left for future 

adjudication or agreement issues regarding nervous shock cases, causation, and 

quantum. 

And there remained the Chief Constable's contribution proceedings 

against the Club and the Engineers. 

On 20th December 1989 the matters came before me in Manchester for a 

further pre-trial review. On behalf of the Chief Constable it was submitted that 

there should be no fixed date for the contribution proceedings. 

Counsel made 

clear that he could not say whether it would be possible to have a hearing in 

2

1991, 1992 or even 1993. Having heard the rival arguments I directed that the 

hearing of the contribution proceedings should be fixed for October 1990. Leave 

to appeal was sought and refused on this point. 

No application for leave was 

made to the Court of Appeal. 

I further gave supplemental directions, the only 

one that I need mention being a direction that the Defences of each party to the 

Amended Statement of Claim shall stand as defences to the Third Party Claims 

and shall be deemed to be served as such Defences on 2nd January 1990. 

On 15th January this year the Chief Constable purported to give N otices of 

Discontinuance under Order 21, rule 2, in the Chapman and Rimmer actions. 

Those notices have led to the summonses now before the Court. 

The first question is whether, the Chief Constable was entitled as of right 

to serve Notices of Discontinuance. Reliance is placed on Order 21, rule 2, 

which reads as follows: 

2. - (1) Subject to paragraph (2A), the plaintiff in an action 

begun by writ may, without the leave of the Court, discontinue 

the action, or withdraw any particular claim made by him 

therein, as against any or all of the defendants at any time not 

later than 14 days after service of the defence on him or, if 

there are two or more defendants, of the defence last served, 

by serving a notice to that effect on the defendant concerned. 

It is conceded, and rightly conceded, on the basis of the wording of Order 21, 

Rule 2, read alone, that it does not authorise the discontinuance as of right 

within a stipulated period of third party or contributions proceedings. 

The 

reason is, of course, that Order 21, rule 2, relates only to "an action begun by 

writ". Order 21, Rule 2, can therefore only apply to third party or contribution 

proceedings if there is some provision in Order 16 which makes Order 21, rule 2, 

applicable mutatis mutandis to contribution and third party proceedings. 

And 

that is exactly what is contended on behalf of the Chief Constable. Order 16, 

rule 8, is the provision governing claims and issues between a defendant and 

another party. Sub-rule 8 provides that the same procedure shall be adopted for 

the determination between the defendant by whom, and the person on whom, 

3

such a notice is served, as would be appropriate if the person served were a third 

party. This provision, it is said, brings into play Order 16, rule 3(4) which reads 

as follows: 

(4) Subject to the foregoing provisions of this rule, the following 

provisions of these rules, namely Order 6, rule 7(3) and (5), 

Order 10, Order 11, Order 12 and Order 75, rule 4, shall apply in 

relation to a third party notice and to the proceedings begun 

thereby as ifa) 

the third party notice were a writ and the 

proceedings begun thereby an action; and 

(b) the defendant issuing the third party notice were a 

plaintiff and the person against whom it is isssued a 

defendant in that action: 

provided that in the application of Order 11, r.l(l)(c) leave may 

be granted to serve a third party notice outside the jurisdiction 

on any necessary or proper party to the proceedings brought 

against the defendant. 

The words which I have underlined are emphasized on behalf of the Chief 

Constable. It is argued that, in applying Order 21, rule 2, one is for that purpose 

entitled to treat third party and contribution proceedings as if they were begun 

by writ. 

Neither the "foregoing provisions" in Order 16, rule 3(4) nor the 

provisions specifically mentioned assist. Order 21 is not mentioned. The 

deeming provision defines its own scope, and Order 21, rule 2, is outside it. This 

is the only foothold in Order 16 on which Counsel sought to fasten, and it yields 

no support. It is also important to bear in mind that there is no gap. Order 16, 

rule 6 provides: 

"Proceedings on a third party notice may, at any stage of the 

proceedings, be set aside". (My emphasis) 

By virtue of Order 16, rule 8(3), this provision also applies to proceedings 

between defendants. 

Any party, who seeks discontinuance of contribution 

proceedings, may therefore apply to the Court for appropriate relief which is in 

the discretion of the Court and may be granted on terms, including a term 

requiring an undertaking not to re-commence proceedings. 

For these reasons I 

hold that the notices of discontinuance, purportedly given as of right under Order 

4

21, rule 2, are invalid. 

That brings me to the alternative argument advanced on behalf of the the 

Chief Constable, namely that the Court should now grant leave under Order 21, 

rule 3, to discontinue the Contribution proceedings. 

Order 2, rule 3(1) reads as 

follows: 

3. - (1) Except as provided by Rule 2, a party may not 

discontinue an action (whether begun by writ or 

otherwise) or counterclaim, or withdraw any particular 

claim made by him therein, without the leave of the 

Court, and the Court hearing an application for the grant 

of such leave may order the action or counterclaim to be 

discontinued, or any particular claim made therein to be 

struck out, as against any or all of the parties against 

whom it is brought or made on such terms as to costs, the 

bringing of a subsequent action or otherwise as it thinks 

just. 

There was an issue as to whether Order 21, rule 3 covers the present case. This 

does not seem -to me to be a very important point. 

The Court certainly has a 

discretion, in effect, under Order 16, rule 6, to authorize discontinuance albeit 

by the means of setting aside the proceedings. And for present purposes it seem s 

to me that the exercise of the discretion would proceed along similar lines, 

and 

involve a similar balancing of countervailing considerations, under the two 

provisions. In so far as it may be relevant I hold that Order 21, rule 3(1) is on its 

wording not applicable; that it is not brought into play by any part of Order 16+ 

and that only Order 16, rule 6, is applicable. 

But, I emphasise again, in the 

circumstances of this case it ought not to matter whether the Court exercises its 

discretion under Order 21, rule 3(1) or under Order 16, rule 6. 

Turning now to the rival contentions of the parties, the position of the 

Chief Constable is clear. 

He was disappointed by the strict time tables, and 

early hearing dates, imposed by Mr. Justice Rose and myself. 

He tried to 

exercise what he believed to be a right to discontinue. 

I have held that there 

was no such right. 

Now he wishes the court to exercise its discretion to 

5

discontinue or set aside the contribution proceedings, subject only to an order as 

to costs against him. 

It is his case that he should, as counsel put it, be in the 

position of dominus litis, in control of the proceedings, and be free to commence 

proceedings afresh at any tim e within the limitation period. For this submission 

he relies on a number of grounds which are set out in an affidavit of Mr. 

M etcalfe. If that means a hearing only in 1991, 1992, 1993 or later, counsel says 

that is the price of justice. 

On behalf of the Engineers and the Club, it is 

submitted the fixed date ought to be maintained, and that the Court ought only 

to allow discontinuance, or order the setting aside of the contribution 

proceedings, subject to an undertaking not to bring subsequent contribution 

proceedings. 

In reality the issue is whether, on the information presently 

available, the pending contribution proceedings in the Chapman Sc Rimmer cases 

can fairly be tried in October and November this year, or whether justice 

requires that those proceedings should be put off for an indefinite period. 

Many of the points advanced on behalf of the Chief Constable have already 

been considered by Mr. Justice Rose and myself at earlier hearings in October 

and December last year but I accept that there is some further relevant 

information. In any event, I accept that I must reconsider the matter afresh. 

I 

therefore turn to the grounds advanced on behalf of the Chief Constable. First, 

Counsel said that justice is more important than despatch. 

That is, of course, 

right but it must be borne in mind that unnecessary delay may itself work 

injustice. These general propositions are not in issue. Secondly, Counsel 

submitted that the Chief Constable is dominus litis in the proceedings under 

consideration, and ought to be able to control the pace of the relevant litigation. 

Here we are talking about litigation which may involve some 900 claims - in all 

or most of which the Chief Constable will seek a contribution from the Club 

and/or Engineers. 

It is complex multi-party litigation. In such litigation the 

sporting theory of justice, or what Professor Wigmore called the "instinct to give

the game fair play" ought to have no place. 

In such litigation, in the public 

interest, the concept of a party being dominus litis ought, as far as possible, to 

be subordinated to case 

management techniques controlled by the Court. 

Subject to preserving the protections offered by the adversarial system, the 

Court ought to control the pace of the litigation. The recent observation of Lord 

Donaldson of Lymington the Master of the Rolls in Horrocks v. Ford Motor Co. 

2//2/1990 provides ample authority for this approach. Thirdly, it was submitted 

that the Chapman and Rimmer actions are not lead actions in any proper sense 

of the word. 

At all times since the matter came before me in July last year, 

everybody has treated the Chapman and Rimmer actions as lead actions, not only 

as likely to be determinative of most issues of primary liability to the victim s 

but as also likely to be determinative of issues in the contribution proceedings. 

A review of the pleadings, correspondence, and other documents, has only served 

to reinforce that view. But, it was argued on behalf of the Chief Constable, the 

fact is that the Chapman and Rimmer actions are unlikely to be satisfactory lead 

actions. It is said that a trial of those actions will leave unresolved many issues. 

Of course, some issues 'may be left unresolved: that is inherent in the concept of 

a lead case as opposed to a representative action. But I am fully satisfied that a 

determination of the two lead actions will by and large dispose of the issues on 

liability between the Chief Constable, and the Club and Engineers. 

And, I 

believe, that a relitigation of those issues in other cases will on perfectly 

orthodox principles not be tolerated except to the extent to which there are 

material differences between the lead cases and other cases: see Arnold v. 

National Westminster Bank PLC, [1990] 1 All E.R. 529; N.W. Water Authority v. 

Binnie Sc Partners Independent 24/11/1989. 

In my view the final determination 

of the lead cases, one way or the other, is likely to result in the ultimate 

resolution of all, or virtually all, of the disputes between the Chief Constable 

and the Club and Engineers. 

But, in any event, the Chief Constable is in no 

7

position to complain about the unrepresentative character of the lead cases. If 

the point had any substance, it would have been prefectly possible on an 

application by the Chief Constable to add other cases, or other issues, to the 

lead cases. That procedure is by now well understood. It is in my view clear 

that the Chief Constable was satisfied with the two lead cases as likely to 

resolve most issues but he was disappointed about the tim e tables imposed by Mr. 

Justice Rose and myself. 

In my judgment he has no valid cause for complaint 

about the representative nature of the two lead cases. 

Fourthly, it was argued 

that the Chief Constable is seriously impeded by the fact that Inquest 

Proceedings have not been completed; that disciplinary proceedings may be 

taken against Police Officers; and that criminal proceedings are under 

consideration. With regard to Inquest proceedings, a letter dated 26th February 

1990 from the Coroner indicates that he may resume the Inquests on the limited 

basis of taking the evidence of the movements of those killed or injured on 15th 

April 1989, as well as evidence of the cause of death. That largely removes the 

basis of this argument, which, in any event, was not a sufficient basis for the 

Chief Constable's contention. 

It is speculative whether disciplinary proceedings 

will in fact take place. In any event, it provides no good reason for granting an 

order of the type sought by the Chief Constable. The central plank of the Chief 

Constable's application is, however, the argument that there may be criminal 

proceedings against police officers who were on duty at the stadium on that 

fateful afternoon. 

presently under way. 

An investigation by the West Midlands Police Force is 

No probability has been demonstrated that there will be 

such criminal proceedings. If criminal proceedings are instituted, it does not by 

any means follow that civil proceedings will be stayed. 

The principles to be 

applied were laid down in Jefferson v. Bhetcha [1979] 1 WLR 898. The Court 

has a discretion, as Lord Justice Megaw put it in the Jefferson case at page 904 

"to stay the proceedings, if it appeared to the Court that justice - the balancing

of justice between the parties - so required, having regard to the concurrent 

criminal proceedings 

" Some indication as to the way in which the discretion 

is to exercise was given by Lord Justice Megaw in the following passage in his 

judgment (at p. 905 D-F): 

Of course, one factor to be taken into account, and it may 

well be a very important factor, is whether there is a real 

danger of the causing of injustice in the criminal proceedings. 

There may be cases - no doubt there are - where that discretion 

should be exercised. In my view it would be wrong and 

undesirable to attempt to define in the abstract what are the 

relevant factors. By way of example, a relevant factor telling 

in favour of a defendant might well be the fact that the civil 

action, or some step in it, would be likely to obtain such 

publicity as might sensibly be expected to reach, and to 

influence, persons who would or might be jurors in criminal 

proceedings. It may be that, if the criminal proceedings were 

likely to be heard in a very short t im e it would be fair and 

sensible to postpone the hearing of the civil action. It might be 

that it could be shown, or inferred, that there was some real - 

not merely notional - danger that the disclosure of the defence 

in the civil action would, or might, lead to a potential 

miscarriage of justice in the criminal proceedings, by, for 

example, enabling prosecution witnesses to prepare a 

fabrication of evidence or by leading to interference with 

witnesses or in some other way. 

At present there are no concurrent criminal proceedings, and there may never be 

any concurrent criminal proceedings. 

If criminal proceedings are instituted, and 

an application for a stay is made, such application will be considered on its 

merits. But on behalf of his Chief Constable it was submitted that in a broader 

sense the Chief Constable is being impeded in the preparation of his case 

because understandably police officers have been advised not to cooperate with 

the Chief Constable's solicitors until the spectre of a criminal prosecution has 

been removed. This is certainly a relevant factor. On the other hand, it is 

accepted that those officers have made statements, which are available, and 

gave evidence before the Taylor Inquiry, and the transcript of that evidence is 

available. 

Their attendance to give evidence can also be ensured by subpoena. 

9

I accept that the spectre of criminal proceedings does to some extent complicate 

the presentation of the Chief Constable's case. 

But I do not accept that the 

relevant issues cannot fairly be tried in 8 months time. 

Such a suggestion is 

indeed controverted by the formal proposal by which the Police agreed not to 

discontinue the contribution proceedings if their conditions were met. 

Not 

surporisingly those conditions, which involved treating the results of the lead 

actions as conclusive in respect of all cases, were not acceptable to the 

Engineers. 

The point is that the Police clearly thought that the lead actions 

could be fairly tried in October and November this year. 

That in outline is a 

recital of the main points presented on behalf of the Chief Constable which I 

have tried to place in perspective. 

Now I turn to the position of the Club and the Engineers. The interests of 

the Club are important. The Club runs a business, but is also an important local 

institution, making a considerable contribution to the welfare of the local 

community. It is, I accept, of great importance that the shadow of the pending 

civil proceedings should be removed from the Club as soon as possible. Putting 

off the case for a long time will be most detrimental to the affairs of the Club. 

The Engineers are also most concerned about any decision which will postpone 

the trial date. The person involved is Dr. Eastwood, a 65 year old engineer. 

He 

is a partner in a firm which has 8 partners. 

They have hanging over them 

allegations of professional negligence, which potentially relate to hundreds of 

claims. They have a substantial interest in knowing where they stand. 

Trying to stand back from the minutiae of the case, as best I can, it is my 

view that, on the information presently available, there is no reason why a fair 

hearing of the issues could not take place in October or November this year. 

Moreover, in my judgment an early resolution of the totality of this complex 

multiparty litigation is in the best interests of the administration of justice 

generally, and more specifically the orderly disposal of legal business on the 

Northern Circuit. 

10

I am not prepared to accede to the Chief Constable's application. In my 

judgment the directions previously made, and time table laid down, must stand, 

subject to any points counsel may wish to raise with me within the scope and 

spirit of this judgment. 

It follows that I will only set aside the pending 

contribution proceedings in the Chapman and Rimmer action upon the Chief 

Constable's undertaking not to bring further proceedings against the Club and the 

Engineers, such undertaking to be given within 7 days from today. 

PT/MISC1 

11

1989 C No.5925 




IN THE MATTER OF THE DISASTER AT 

HILLSBOROUGH STAblUM ON 15TH 

A f r R l t , 1 9 8 T ~ 

AND IN THE MATTER OF THIRD PARTY 

PROCEEDINGS IN tHE CASES OF JOAN 

CHAPMAN AND LINDA MARY RIMMER 

B E T W E E N 

CHIEF CONSTABLE OF THE 


AND 

SHEFFIELD WE-DNESDAY FOOTBALL 

CLUB PLC 

AND 


Third Party Claimant 

First Third Party 

Defendant 

Second Third Party 

Defendant 

Before; 

THE HONOURABLE MR JUSTICE JOWITT 

Heard at 

The Moot Hall 

Newcastle Upon Tyne 

on 

Tuesday, 2t July, 1990 

SUMMONS FOR DIRECTIONS AND AMENDMENT 

OF THIRD PARTY NOTICE 

TRANSCRIPT OF PROCEEDINGS

WOODWARD Q.C 

HR. PAYNE: 

DAVIES: 

FENWICK: 

On behalf of The Chief Constable, South 

Yorkshire Police. 

On behalf of Sheffield Wednesday Football 

Club PLC . 

On behalf of Eastwood 4 Partners.

A 

T u e s d a y . 2 4 t h J u l y . 1 9 9 0 

MR. JUSTICE JOWITT: Yes Mr. Woodward. 

B 

D 

M R . WOODWARD: M a y i t p l e a s e y o u , m y L o r d , t o g e t h e r w i t h 

m y l e a r n e d f r i e n d , M r . P a y n e , w e a p p e a r o n b e h a l f o f t h e C h i e f 

C o n s t a b l e o f t h e S o u t h Y o r k s h i r e P o l i c e , t h e T h i r d P a r t y 

C l a i m a n t . M y L o r d , t h e T h i r d P a r t y D e f e n d a n t s ; t h e F i r s t 

D e f e n d a n t i s r e p r e s e n t e d b y m y l e a r n e d f r i e n d , M r . R i c h a r d 

D a v i e s , a n d t h e S e c o n d T h i r d P a r t y D e f e n d a n t , E a s t w o o d & 

P a r t n e r s , a r e r e p r e s e n t e d b y m y l e a r n e d f r i e n d , M r . J u s t i n 

F e n w i c k . 

M y L o r d , t h e T h i r d P a r t y C l a i m a n t h a s i s s u e d a S u m m o n s 

f o r d i r e c t i o n s a n d a S u m m o n s f o r a m e n d m e n t o f t h e T h i r d P a r t y 

N o t i c e . M y L o r d , t h e s e m a t t e r s , h a v i n g f o l l o w e d d i s c u s s i o n s 

b e t w e e n t h e p a r t i e s , p r o c e e d e f f e c t i v e l y b y c o n s e n t , m y L o r d , 

b u t w i t h c e r t a i n m o d i f i c a t i o n s f r o m t h a t S u m m o n s w h i c h i s b e f o r e 

my L o r d . M y L o r d , m y l e a r n e d f r i e n d , m y j u n i o r , M r . P a y n e , h a s 

p r e p a r e d a m a n u s c r i p t o f t h e m o d i f i c a t i o n s t o t h e s u b s t a n t i v e 

S u m m o n s b u t , m y L o r d , m a y I d e a l , f i r s t o f a l l , w i t h t h e S u m m o n s 

a p p l y i n g f o r l e a v e t o a m e n d t h e T h i r d P a r t y N o t i c e b y t h e 

a d d i t i o n o f p a r a g r a p h 6 t o i t . T h i s i s n o t o b j e c t e d t o b u t t h e 

T h i r d P a r t y D e f e n d a n t s r e q u i r e l e a v e , i f n e c e s s a r y , t o s e r v e a 

D e f e n c e t h e r e t o . M y L o r d , i t i s a n a p p l i c a t i o n t o a m e n d t h e 

T h i r d P a r t y N o t i c e b y s a y i n g t h a t : 

" T h e T h i r d P a r t y a p p r o v e d t h e u s e o f a r a m p w h i c h 

w a s s u b j e c t t o a h e a v y c r o w d f l o w ( ? ) i n t h e 

t u n n e l t o P e n s 3 a n d 4 w i t h a g r a d i e n t o f 1 i n 

6.8..." 

m y L o r d , n o t 1 i n 6 : 

" . . . i n s t e a d o f 1 i n 1 0 m a x im u m r e c o m m e n d e d i n 

t h e G r e e n G u i d e p a r a g r a p h 8 . " ■ 

M y L o r d , t h a t c a n b e f o u n d a t p a g e 3 4 2 i n m y L o r d ' s b u n d l e . My 

L o r d , t h a t i s n o t o b j e c t e d t o a n d w e a s k f o r l e a v e f o r t h a t < 

a m e n d m e n t . 

My L o r d , i n r e l a t i o n t c t h e m o r e s u b s t a n t i a l m a t t e r s , 

m i g h t I h a n d t o y o u r L o r d s h i p , w i t h m y l e a r n e d f r i e n d ' s 

m a n u s c r i p t s o t h a t m y L o r d m a y f o l l o w w h a t I am t a l k i n g a b o u t , 

t h e p r o p o s e d O r d e r . M y L o r d , t h i s O r d e r i s m a d e i n t h e t e s t 

a c t i o n t h a t i s a r i s i n g o u t o f t h e H i l l s b o r o u g h t r a g e d y t h a t 

o c c u r r e d o n 1 5 t h A p r i l , 1 9 8 9 . M y L o r d , t h e r e h a v e b e e n a n u m b e r 

o f p r e v i o u s i n t e r l o c u t o r y m a t t e r s a n d w e a r e n o w m o v i n g t o a 

t r i a l d a t e w h i c h i s f i x e d for O c t o b e r 2 n d i n t h e c o m i n g t e r m . 

H 

My Lord, the first Order that i s 

is that: 

asked for and agreed to 

l i-iaroham ^:c 

"Before the 1st August, 1990, the Third Party 

Claimant shall serve on each of the Third Party 

1

A 

B 

D e f e n d a n t s a d r a f t i n d e x t o a C o r e B u n d l e 

( i n c l u d i n g v i d e o m a t e r i a l , p l a n s a n d 

p h o t o g r a p h s ) a n d a d r a f t C h r o n o l o g y . ” 

M y L o r d , a d d e d t o t h e S u m m o n s t h e r e i s i n m a n u s c r i p t : 

" . . . a n d t h e T h i r d P a r t y C l a i m a n t w i l l p r o v i d e 

w i t h i n f o r t y e i g h t h o u r s a c o p y o f a n y 

d o c u m e n t s o l i s t e d , i f r e q u e s t e d . " 

M y L o r d , p a r a g r a p h 2 : w e a s k t h a t b e f o r e t h e 2 2 n d A u g u s t - n o t 

1 5 t h A u g u s t - 

" . . . e a c h o f t h e T h i r d P a r t y D e f e n d a n t s w i l l 

s e r v e o n t h e T h i r d P a r t y C l a i m a n t : 

D 

2 . 1 : A l i s t o f a n y f u r t h e r d o c u m e n t s 

( i n c l u d i n g v i d e o m a t e r i a l , p l a n s a n d 

p h o t o g r a p h s ) w h i c h t h e y w i s h t o b e i n c l u d e d 

i n t h e C o r e B u n d l e a n d e a c h T h i r d P a r t y 

D e f e n d a n t w i l l , i f r e q u e s t e d , p r o v i d e w i t h i n 

f o r t y e i g h t h o u r s a c o p y o f a n y d o c u m e n t s o 

l i s t e d . 

2 . 2 : A l i s t o f a n y f u r t h e r e v e n t s t o b e i n c l u d e d 

i n t h e C h r o n o l o g y a n d o f a n y p r o p o s e d 

a m e n d m e n t . 

3 . T h e T h i r d P a r t y C l a i m a n t s h a l l l o d g e w i t h 

t h e C o u r t b y 1 5 t h S e p t e m b e r t h e f o l l o w i n g 

d o c u m e n t s : 

3 . 1 : P l e a d i n g s , S u m m o n s e s , O r d e r s a n d t h e L i s t 

o f I s s u e s i n t h e a c t i o n . " 

M a y I i n d i c a t e w h a t t h a t i s ? M y L o r d - 

M R . J U S T I C E J O W I T T : I h o p e i t i s s o m e t h i n g m o r e 

c o m p r e h e n s i v e t h a n t h e l i s t I h a v e g o t a t t h e m o m e n t . I p u t i t 

i n t h a t w a y b e c a u s e t h a t s e e m s t o ~e s i m p l y a L i s t o f I s s u e s a s 

s e e n b y t h e C l a i m a n t . 

M R . WOODWARD: M y L o r d , i t i s . 

M R . J U S T I C E J O W IT T : B u t , o f c o u r s e , t h e D e f e n d a n t s a r e 

m a k i n g a l l e g a t i o n s a g a i n s t t h e C l a i m a n t , a r e t h e y n o t ? 

H 

M R . WOODWARD: M y L o r d , i t i s i n t e n d e d a n d u n d e r s t o o d 

t h a t t h e D e f e n d a n t s w i l l m a k e , o r ~ a y m a k e a L i s t o f I s s u e s 

w h i c h t h e y w i s h t o r a i s e a g a i n s t t h e C l a i m a n t . 

M R. J U S T I C E J O W IT T : W e l l , I w i l l c e r t a i n l y w a n t so m e 

d o c u m e n t , b u t I w i l l s a y m o r e a b o u t t h a t p r e s e n t l y . 

L ''B'Ohar' 

MR. WOODWARD: M y L o r d , a s i t s t a n d s , i t o n l y g o e s p a r t 

2

t 

A 

o f t h e w a y t o t h e o b j e c t i v e w h i c h i t s o u g h t t o a c h i e v e . 

B 

M R . J U S T I C E J O W IT T : C a n I t e l l y o u w h a t o b j e c t i v e I h o p e 

t o a c h i e v e ? T h e P l e a d i n g s , I h a v e n o t a t t e m p t e d a t t h i s s t a g e t o 

r e a d t h e m b u t t h e y r u n i n t o s c o r e s o f p a g e s . I w o u l d h o p e i t i s 

g o i n g t o b e p o s s i b l e t o h a v e L i s t s o f I s s u e s w h i c h o b v i a t e t h e 

n e e d t o l o o k t o P l e a d i n g s , P a r t i c u l a r s a n d F u r t h e r a n d B e t t e r 

P a r t i c u l a r s , b e c a u s e I h o p e t h e L i s t s w i l l r e a l l y s e t o u t t h o s e 

m a t t e r s c o m p r e h e n s i v e l y . I s t h a t s o m e t h i n g w h i c h c a n b e d o n e ? 

M R . WOODWARD: M y L o r d , t h a t i s t h e o b j e c t i v e w h i c h w e 

a r e s t r i v i n g t o w a r d s . T h e h i s t o r y o f t h e m a t t e r i s t h a t t h e s e 

p r o c e e d i n g s w e r e b e g u n n o t b y t h e C h i e f C o n s t a b l e b u t b y t w o 

r e p r e s e n t a t i v e P l a i n t i f f s i n L i v e r p o o l , s o m y L o r d , w e h a d n o 

c o n t r o l o v e r t h e s t a t e o f t h e P l e a d i n g s a n d , i n f a c t , t h a t w h i c h 

m y L o r d s e e s i s n o t t h e o r i g i n a l S t a t e m e n t o f C l a i m . I t w e n t 

t h r o u g h v a r i o u s s t a g e s . 

D 

E 

M R . J U S T I C E J O W IT T : W h a t i s i n t h e S t a t e m e n t o f C l a i m 

d o e s n o t p r e c l u d e t h e C l a i m a n t a n d t h e D e f e n d a n t s f r o m r a i s i n g 

w h a t e v e r a l l e g a t i o n s t h e y h a v e . 

'M R . WOODWARD: O f c o u r s e n o t , m y L o r d , a n d w e w o u l d n o t 

s e e k t o s a y t h a t b y t h a t L i s t o f I s s u e s t h e y a r e p r e c l u d e d , b u t 

m y L o r d , t h e y h a v e t o b e i d e n t i f i e d a n d t h e r e s p o n s e s s e t o u t . 

G i v e n t h a t t h e s e a r e t e s t a c t i o n s t h a t d i d n o t b e g i n , 

e f f e c t i v e l y , n e c e s s a r i l y a s t e s t a c t i o n s f o r a l l t h e r e l e v a n t 

c a s e s , t h e y w e r e c a s t i n a p a r t i c u l a r f o r m . M y L o r d , t h a t h a s 

b e e n o v e r t a k e n b y e v e n t s a n d t h e p u r p o s e i s t o g e t d e c i s i o n s o n 

t h e r e l e v a n t p o i n t s t o e n a b l e t h e p a r t i e s t o r e s o l v e , s o f a r as 

p o s s i b l e , a l l t h o s e m a t t e r s w h i c h c a n , a t t h i s m o m e n t , b e 

f o r e s e e n a s l i k e l y t o a r i s e a n d r e q u i r e d e t e r m i n a t i o n . M y L o r d , 

i t i s f o r t h a t r e a s o n t h a t w e p r o c e e d e d t o t h e L i s t o f I s s u e s , 

b u t i t o n l y g o e s p a r t o f t h e w a y t o a c h i e v e t h a t o b j e c t i v e . 

M y L o r d , 3 . 1 I d r a w y o u r L o r d s h i p ’ s a t t e n t i o n t o : 

" . . . L i s t o f I s s u e s i n t h e a c t i o n , a n d r e s p o n s e s o f 

* t h e T h i r d P a r t y D e f e n d a n t s , a n d t r a n s c r i p t s o f 

i n t e r l o c u t o r y h e a r i n g s . 

3 . 2 : A f u l l s e t o f t r a n s c r i p t s o f t h e e v i d e n c e 

g i v e n t o t h e T a y l o r I n q u i r y . " 

M y L o r d , i t m a y b e t h a t n o t a l l o f t h a t e v i d e n c e w i l l n e e d t o b e 

l o o k e d a t i n t h e c o u r s e o f t h e t r i a l . W h e t h e r my L o r d s h o u l d b e 

i n v i t e d t o e m b a r k u p o n a r e a d i n g o f i t , a t t h i s j u n c t u r e , m a y 

n o t b e a n i n v i t a t i o n w e w o u l d w i s h t o e x t e n d t o my L o r d . 

L H arpham _:c 

H 

M R. J U S T I C E J O W IT T : W h a t I s h a l l w a n t i s t o b e p r o v i d e d 

b y t h e p a r t i e s w i t h a n a g r e e d R e a d i n g L i s t . I do n o t w a n t t o 

r e a d s o m e t h i n g w h i c h m a y b e v e r y i n t e r e s t i n g b u t n o t b e a r u p o n 

t h e m a t t e r s w h i c h I h a v e t o d e c i d e . I h a v e r e a d t h e T a y l o r 

R e p o r t , t h e F i n a l a n d t h e I n t e r i m R e p o r t . I h a v e r e a d , f o r 

i n s t a n c e , w i t h i n t e r e s t , w h a t i s s a i d a b o u t h o o l i g a n i s m a n d I 

3

■* 

./ 

A 

B 

f o u n d t h o s e a s p e c t s v e r y i n t e r e s t i n g , b u t I d o u b t w h e t h e r i n 

f a c t t h a t s o r t o f m a t t e r - f o r i n s t a n c e , w h a t i s s a i d a b o u t 

h o o l i g a n i s m - i s g o i n g t o b e o f v e r y m u c h a s s i s t a n c e h e r e . T h a t 

i s w h y I h o p e t h a t t h e r e l e v a n t r e a d i n g w i l l b e c o n d e n s e d s o 

t h a t I d o r e a d o n l y w h a t i s r e l e v a n t . 

o b j e c t i v e , a l s o . 

M R . WOODWARD: M y L o r d , we w i l l e n d e a v o u r t o a c h i e v e t h a t 

M R . J U S T I C E J O W IT T : T h e r e i s a n o t h e r r e a s o n w h y I s h o u l d 

n o t r e a d i r r e l e v a n t m a t t e r s . T h e y m i g h t i n f l u e n c e me w h e n t h e y 

s h o u l d n o t . 

D 

M R . WOODWARD: M y L o r d , t h a t , t o o , i s i n t h e m i n d . T h a t 

i s w h y , my L o r d , a l t h o u g h I h a v e a t t h i s p o i n t d r a w n y o u r 

a t t e n t i o n t o a f u l l s e t o f t r a n s c r i p t s b e i n g a v a i l a b l e , o n e d o e s 

n o t k n o w , h o w e v e r w e l l o n e p l a n s , q u i t e h o w a t r i a l a t a 

p a r t i c u l a r m o m e n t m a y p r o c e e d , a n d s o m e o n e m a y s a y , " W e l l , l e t 

u s s e e w h a t w a s s a i d " a n d i t o u g h t t o b e a v a i l a b l e t o b e l o o k e d 

a t . B u t my L o r d , t o e m b a r k u p o n a r e a d i n g f r o m p a g e 1 t o t h e 

e n d o f t h e s i x w e e k s i s n o t l i k e l y t o b e e n t i r e l y f r u i t f u l . 

M R . J U S T I C E J O W IT T : N o . 

M R . WOODWARD: I n r e l a t i o n t o t h e T a y l o r R e p o r t s m y L o r d 

m e n t i o n s , t h e n e x t m a t t e r r e l a t e s , 3 (3 ). W h a t t h e p a r t i e s h a v e 

d o n e i n r e l a t i o n t o t h e T a y l o r R e p o r t - a n d i t i s a l i t t l e a l o n g 

t h e l i n e s o f t h e S c h e d u l e o r t h e L i s t m y L o r d i s r e f e r r i n g t o , 

t h e y h a v e i n t h e i r o w n c o l o u r - 

M R . J U S T I C E J O W IT T : Y e s , I h a v e s e e n t h a t . I h a v e t a k e n 

n o t e o f t h a t . M a y I j u s t s a y , t h o s e i n s t r u c t i n g y o u w e r e k i n d 

e n o u g h t o p r o v i d e me - a n d I a s s u m e t h e y h a v e t o l d t h e 

D e f e n d a n t s - w i t h a l i s t o f w h a t t h e y t h o u g h t I s h o u l d r e a d i n 

p r e p a r e d n e s s f o r t o d a y a n d I h a v e d o n e m y h o m e w o r k . 

M R . WOODWARD: T h a n k y o u my L o r d . We h a v e e n d e a v o u r e d t o 

g i v e my L o r d a s g o o d a s t a r t , w i t h t h e a s s i s t a n c e o f o u r f e l l o w 

a n t a g o n i s t s . M y L o r d , 3 .4 : 

" A c o p y of t h e c o m p o s i t e v i d e o p r e p a r e d b y t h e 

W e s t M i d l a n d s P o l i c e a n d p r o d u c e d to the 

T a y l o r I n q u i r y ." 

D o e s y o u r L o r d s h i p r e q u i r e a n y a s s i s t a n c e w i t h t h e e l e c t r i c a l 

e q u i p m e n t t o v i e w t h a t v i d e o ? I am a s k e d b y t h o s e i n s t r u c t i n g 

me t o r a i s e t h a t q u e s t i o n . 

l H aroharr ^:c 

H 

MR. J U S T I C E J O W IT T : I dor.'t have a videc machine and I 

do not foresee getting one, for the tire being. Now, is that 

something I ought to see before the trial? 

MR. WOODWARD: M y Lord, it should be looked at before the 

trial, yes. We would invite my Lord t: look at it before the 

trial. 

4

A 

B 

M R . J U S T I C E J O W IT T : I s e e . I t d e p e n d s w h e n I am g o i n g 

t o d o my p r e - t r i a l r e a d i n g . C a n w e l e a v e t h a t a s i d e f o r t h e 

m o m e n t . 

M R . W OODWARD: L e t u s p u t i t o n o n e s i d e . M y L o r d , w h i l s t 

o n t h e q u e s t i o n o f t h e v i d e o , t h i s i s n o t s o m e t h i n g w e a r e 

a s k i n g t o b e i n c l u d e d i n t h e O r d e r b u t w e a r e n o t a w a r e o f w h a t 

t h e f a c i l i t i e s m a y b e , i f a n y , a t M a n c h e s t e r w h e r e t h i s t r i a l i s 

t o t a k e p l a c e , f o r v i e w i n g t h e v i d e o o r h a v i n g i t a v a i l a b l e f o r 

v i e w i n g i n t h e c o u r s e o f t h e t r i a l . 

M R . J U S T I C E J O W IT T : W e l l , I s u s p e c t y o u w i l l p r o b a b l y 

h a v e t o h i r e y o u r o w n v i d e o m a c h i n e , o r b r i n g y o u r o w n v i d e o 

m a c h i n e a n d - 

M R . WOODWARD: M y L o r d , w e w i l l m a k e t h e a p p r o p r i a t e 

e n q u i r i e s p r o p e r l y a n d h a v e t h e e q u i p m e n t a v a i l a b l e t h a t i s 

n e c e s s a r y . 3 . 5 m y L o r d : 

D 

" C o p i e s o f t h e f o l l o w i n g p h o t o g r a p h s w h i c h w e r e 

a v a i l a b l e t o t h e T a y l o r I n q u i r y : 

3 .5 .1 : S o u t h Y o r k s h i r e P o l i c e d o c u m e n t s 1 a n d 

10. 

3 .5 .2 : S o u t h Y o r k s h i r e P o l i c e c o m p o s i t e b u n d l e s 

1 a n d 2 . 

3 .5 .3 : W e s t M i d l a n d s P o l i c e c o m p o s i t e b u n d l e s 

1 a n d 2 . 

3.6: A C o r e B u n d l e o f d o c u m e n t s , i n c l u d i n g t h o s e 

i n s e r t e d p u r s u a n t t o c l a u s e 2 . 1 a n d a 

C h r o n o l o g y , i n c l u d i n g e v e n t s i n s e r t e d p u r s u a n t 

t o c l a u s e 2 . 2 . " 

M y L o r d , 3 . 7 i s s u b s t a n t i a l l y r e d r a w n i n t h e l i g h t o f 

d i s c u s s i o n s t h a t w e h a v e h a d . 3 . 7 b e c o m e s 3 .7 .1 : 

" A l i s t o f t h e w i t n e s s e s a s i d e n t i f i e d u n d e r 

p a r a g r a p h s 3 . 3 . and 3 .5 o f t h e O r d e r o f 

M r . J u s t i c e Rose." 

M y L o r d , M r . J u s t i c e R o s e d e a l t w i t h t h i s m a t t e r . 

M R. J U S T I C E J O W IT T : Y e s , I s a w t h e O r d e r h e m a d e . 

M R . W OODW ARD: M y L o rd , 3 . 7 . 2 . : 

H 

"Bundle of the statements and transcripts 

of those witnesses referred to in 3.".1 

above." 

L i a f c ' s m Ltd 

My Lord, 5.8 now becomes 4: that is by consent. The reason that 

is asked for relates to the List of Issues and the time that has

A 

been taken. 

3.8: 

No complaints made but we ask for that to be made. 

B 

"Time for compliance with 3.3 and 3.55 of the 

Order of Hr. Justice Rose be extended to 15th 

August." 

My Lord, 3.8 on my Lord's printed Summons becomes 4. 

Harpham „:o 

D 

E 

H 

"A consolidated plan prepared from plans 

produced to the inquest hearings 

id en tifyin g (so far as known) the la st 

known position alive of each of the 

deceased and the position in which each 

deceased was f ir s t id en tified dead, be produced 

to the Third Party Defendants by 15 September 

with a view to the same being receivable in 

evidence and admissible without further proof of 

those matters." 

My Lord, may I explain what the objective of that is? My Lord, 

where individuals were in the pens at the time that any fa ta l 

injuries”were suffered is not something that can be e a sily 

id en tified . The Coroner has carried out certain in vestigation s 

and, my Lord, ninety fiv e individuals have been id en tified and 

ninety five separate plans have been prepared. What those 

instructing us have suggested, and we have suggested should be 

carried out, is that a consolidated plan identifying the la st 

known position, according to the evidence given at the inquest, 

should be set upon one plan rather than my Lord being burdened 

with ninety five separate plans and, my Lord, the ninety five 

plans w ill be available for the Third Party Defendants should 

they wish to compare that with the resu lts on the consolidated 

plan. 

MR. JUSTICE JOWITT: I see the relevance of the p osition 

of the two P la in tiffs. What is the relevance to the issu es I 

have to try of the others? You see, I t e l l you what thought has 

gone through my mind; depending‘on - w ell, plainly there 

developed on the occasion of th is disaster an injury-and-death 

causing situation, and that developed from a number and a 

combination of factors. Depending on the pen or other place in 

which an injured or dead person was, i t may be also depending on 

the time at which he suffered h is in ju ries. There may be some 

difference between the causative factors from victim to victim 

and i t must follow that, i f more than one party was at fa u lt, 

the factors causing death or injury in one case would not be the 

same, or may not be the same as the factors in another case and 

so, for example, the Claimants might be responsible for three 

out of six factors in the case of one victim, two out of a 

different or an overlapping eight factors in the case, of another 

victim. I do not know whether what the parties have done is to 

say, "We will take the first Plaintiff and make his 

representative of everybody in that per.. Similarly with the 

Plaintiff in the other pen" and so, all the other Claimants will 

6

■ S 

"Sroâri' s.O 

B 

D 

E 

H 

stand or f a ll by the decision. You see, unless there i s going to 

be something lik e that, a decision on the resp o n sib ility for the 

death or injury of one P la in tiff is not going to help the 

parties to decide who contributes, and in what proportions, in 

respect of other damages. I ju st wondered whether, as a matter 

of swings and roundabouts, i t may be appropriate, i t may not be, 

to divide into pens. It is a matter that is going through my 

mind and I wondered whether the common sense view would be to 

say, le t us see in what proportions the parties contributed - i f 

they did contribute - to the injury-and-death causing situ ation , 

and then those proportions would be the proportions in which the 

parties then contribute to the damages which are decided. You 

see, the risk, otherwise, is that you get a decision from me 

which is not rea lly going to resolve the issues in other 

matters. 

MR. WOODWARD: My Lord, the objective is that which my 

Lord defines, that which w ill provide the key or the keys to the 

unlocking of the various claims. 

MR. JUSTICE JOWITT: Let us say there are th irty six 

causative factors, and le t us say each party is responsible for 

twelve, 'it does not follow that i t is going to be a ll th irty six 

in the case of any particular injured person; i t does not follow 

i f i t is eighteen, i t is six , s ix and six and i t may vary from 

P la in tiff to P la in tiff. So, eith er you have said, "Well, we 

w ill divide i t into pens and so, i f we can get a finding about 

resp on sib ility for the whole situ ation in relation to one pen, 

and then everyone in that pen i s dealt with as between the 

parties" or whether you simply say - and I cannot help thinking 

th is may be much the better and probably the cheaper way of 

dealing with i t from the point of view of costs, and I think i t 

would be a case of swings and roundabouts, le t us see how those 

parties who are at fault contribute to the overall situ ation , 

and so, i f we were to say 40%, 30% and 30%, then no matter where 

a particular victim was, which pen, or what time he suffered his 

in ju ries, the parties would contribute in those proportions. It 

may mean paying too much in respect of one, too l i t t l e in the 

case of another‘but I suspect, with so many other factors i t is 

going to be swings and roundabouts. 

MR. WOODWARD: My Lord, we understand that the Club 

agrees with that approach, e ssen tia lly , and that is certain ly 

the objective that we would seek to achieve. In relation to 

Eastwoods, there is the question relating to the barrier and, my 

Lord, he has raised certain objections to that course being 

taken. But the whole purpose of th is exercise is to endeavour, 

in the most economical way, in the public interest as w ell as 

the in terests of the p arties, because my Lord, the many 

P la in tiffs who are waiting in the wings w ill be publicly 

assisted , in one way or another, my Lord, the purpose is to 

provide the key or the keys, perhaps on a swings and roundabouts 

basis, my Lord, to produce the resu lt as between the Defendants. 

MR JUSTICE jnWITT: 'he use which is goi~g to be made 

of mv decision to resolve otner issues really needs to be 

7

decided upon, does it not, before the action is begun? 

MR. WOODWARD: That is most important because the u t ilit y 

of the exercise or the endeavour w ill be greater or the larger 

depending upon what is agreed. 

MR. JUSTICE JOWITT: If not, you see, you run a very real 

risk that a party d issa tisfie d with my decision may say, "Well, 

that's fin e. Mr. Justice Jowitt has decided how we deal with 

P la in tiffs A and B. I w ill see in other proceedings about the 

other three hundred and ninety eight people what I do." That 

would be disastrous. But you run that risk unless you decide, in 

advance, (a) my decision - obviously subject to appeal - w ill 

decide a ll the other claims, that is to say the same 

resp on sib ility for a ll the other claims, and (b) how i t is 

decided? 

MR. WOODWARD: My Lord, we have proposed that in 

correspondence. We understand the Club agrees with that 

approach. In the course of the interlocutory matters, and there 

have been interlocutory proceedings and various applications, my 

Lord w ill be aware, for example, that there are factors which 

may a ffect whether or not we can proceed in October; there is 

the prospect of criminal prosecutions and the Director has not 

yet given an indication. But my Lord, on the occasions that 

interlocutory matters have been canvassed before particularly 

Mr. Justice Stein, one of the questions that was raised was 

getting the right answer to enable a ll of the claims to be 

resolved. 

MR. 

JUSTICE JOWITT: It i s not a te s t action, otherwise. 

MR. WOODWARD: It is not a te st action, otherwise, and my 

Lord, these are te st actions. 

MR. JUSTICE JOWITT: You say that but they are only te st 

actions i f a ll the parties are agreed that my decision, subject 

to appeal, w ill then readily resolve them without saying, "Ah 

w ell, we have now got to decide th is and that. Did th is factor 

contribute here without this, and that." You see, le t us take the 

barrier; suppose the Engineer said, "All right, I know the 

barrier played a part there, but i t did not play a part 

elsewhere" - 

MR. WOODWARD: My Lord, that must be right. 

MR. JUSTICE JOWITT: You have not got a te st action. 

MR. WOODWARD: My Lord, we have Chapman and Rimmer. One 

is in Pen 3 and one is in Pen 4; one has a barrier in 3; Pen 4 

has no barrier. That is why there are those two claims 

proceeding. 

MR. JUSTICE JOWITT: Well, are the parties agreed that a 

decision on Chapman w ill resolve a ll the Pen 3 cases, and a

decision on Rimmer w ill resolve a ll the Pen 4 cases? 

MR. DAVIES: May I r ise and say unequivocally on behalf 

of the Club that the only d istin ctio n that we seek and have ever 

sought is between Pen 3 and Pen 4 for the very reasons that Mr. 

Woodward has just outlined to your Lordship. But, in relation to 

the deaths which occurred within Pen 3, we see no basis on which 

to distinguish contribution orders. 

MR. JUSTICE JOWITT: And d itto injuries? 

MR. DAVIES: Injuries may be more d iffic u lt because these 

claims have, and have always been, for very sp ecific reasons, 

fatal claims. 

MR. JUSTICE JOWITT: So what do you envisage happening 

about the in ju ries claims, because I dare say there are a number 

of those? 

MR. DAVIES: My Lord, as I understand the attitu d e which 

has been taken hitherto, we have been closer to the P olice on 

this issue - i t is one of the few issu es we have been closer to 

the Po-lice on - than have the Engineers been. But we have 

concentrated upon f a t a lit ie s , and concentrated upon f a t a lit ie s 

for a number of - one has to say regrettably - p ractical 

reasons, not le a st, for example, in due course, the rela tiv e 

ease of quantification of damages. My Lord, the picture, as 

your Lordship w ill know, is also further complicated by the 

recent but as yet unconcluded tr ia l in Liverpool which was tried 

by your brother, Mr. Justice Hidden, to decide the ad m issib ility 

of various categories of nervous shock cases, sp e c ific a lly 

nervous rather than physical injury. My Lord, I cannot today 

say any more than, in relation to the deaths in Pen 3, the Club 

seeks to make no d istin ctio n between those deaths in ter se , and 

likew ise, in relation to Pen 4. I hope I may be able to say or 

my leader may be able to say more in due course, but I regret to 

say I cannot. 

MR. JUSTICE JOWITT: Yes, I see. 

Khat is your position? 

MR. FENWICK: My Lord, the position of the Engineer is a 

l i t t l e more d if f ic u lt . My Lord, so far as Pen 4 is concerned, 

there is . of course, there no issue as to the collapse of a 

barrier and, my Lord, i t seems to us that questions within Pen 

4, in the Rimmer action, are lik e ly to be determinative of a ll 

fa ta litie s and in ju ries within Pen 4. My Lord, so far as Pen 3 

is concerned, the position is d ifferen t. I start by saying that, 

until now - i t may be change in lig h t of a study of the 

preliminary inquest - but u n til now, the Folice have been unable 

to identify p recisely where within Pen 3 the deceased, Mr. 

Chapman, met his death. My Lord, as a r e s u lt, cne of the 

findings of fact which your Lordship may be required to make is 

a finding, so far as is possible, as to where Mr. Chapman died, 

or was lik ely to have died. My Lord, the position so far as Pen 

3 is concerned is that, in the event, of course, that your 

9

A 

B 

D 

Lordship finds there was no negligence on the part of the 

Engineer, either in relation to the testin g of barrier 144, or 

in relation to the removal of the barrier above i t , then my 

Lord, of course, no question arises of d ifferen tiation between 

the various action s. I f your Lordship were to find that there 

was fault on the part of the Engineer, in either or both of 

those matters, my Lord, there then comes the question of hov 

does that affect the f a t a lit ie s and a ll the other in ju ries 

within Pen 3, and my Lord, we have given considerable thought to 

the very real d iffic u ltie s your Lordship has raised. My Lord, 

the view we have come to is th is, these actions, f ir s t of a ll, 

have always been accepted by the p arties, as we understood it, 

as lead actions rather than as te st cases. That is to say, that 

they are actions which i t is hoped w ill be the only actions that 

i t is necessary to try on the question of lia b ility . 

My Lord, one of the other findings of fact that your 

Lordship w ill no doubt make, assisted with the plan to which 

reference has been made, which began as part of the Summons, is 

where the preponderance of f a t a lit ie s occurred. 

MR. JUSTICE JOWITT: Why should I make any findings about 

that, unless this is a te st action? The positions of any one 

other than the two P la in tiffs seems to me to be wholly 

irrelevant. Is that wrong? 

MR. FENWICK: Well my Lord, i f the positions of the two 

P la in tiffs can be id en tified separately, then of course, your 

Lordship can do so. If, on the other hand - 

MR. JUSTICE JOWITT: I am speaking about the other people 

who were injured. Unless th is is a te st action in rela tio n to 

those injured, or those fa ta lly injured, what is the relevance 

of the position of people who are k illed other than the two 

P lain tiffs? Unless you are simply saying, "Well, we hope you 

w ill make a finding about that because, while i t wont be binding 

on us because i t is not relevant to any issue in the case, it 

may be that i f we lik e your judgment or we don't think badly of 

i t enough to think we can appeal i t , we shall be able to haggle 

away and reach some settlem en t.” That is really what you are 

saying, is i t not? 

MR. FENWICK: My Lord, with respect, no. 

MR. JUSTICE JOWITT: Then t e l l me, what is the relevance, 

unless i t is a te st action, of the position of dead p arties or 

dead people other than the two P la in tiffs? 

H 

MR. FENWICK: My Lord, none, if the position of the ~wo 

Plaintiffs can be identified. If the position of the two 

Plaintiffs cannot be identified, then your Lordship will have tc 

consider the totality of the evidence relating to death. If your 

Lordship were to find - your Lordship very rightly says, there 

may be a number of interlinking causative factors. 

L. H a rn 'ia m Lie 

10

MR. JUSTICE JOWITT: They may not be the same for every 

injured person. 

MR. FENWICK: My Lord, indeed. If your Lordship, for 

example, were to find that Mr. Chapman was not close to barrier 

144 at the time of the collapse, and was unlikely to have been 

injured by that collapse, your Lordship may come up with an 

apportionment of lia b ilit y which, i f the Engineers were 

negligent, is not applicable in any other cases. On the other 

hand, i f your Lordship found that Mr. Chapman was there and, 

indeed, that many of the other P la in tiffs were there, in the 

course of the evidence, then of course, that is lik e ly to lead 

to an apportionment which is going to run through a ll the other 

cases. 

MR. JUSTICE JOWITT: But, of course, Mr. Fenwick, one 

might say - I don't know because I have not tried the case yet - 

one might say of an injured person who was at the barrier, i f 

there was negligence on the part of the Engineer, that 

negligence was so highly causative that he bears 85% of the 

blame, whereas in respect of someone else a good deal further 

back, his resp on sib ility might be reduced to 20%. Equally, in 

the case" of the Police one might say, i f the barrier is le ss 

important, i f there is any negligence to prove against the 

Police or against the Club, then negligence becomes greater. 

That is why I ju st wondered whether, looking at i t commercially 

because I have no doubt there are insurance companies at the 

back of a ll the parties here who I would have thought would, 

generally speaking, take a commercial view, is i t not sen sib le 

to say i t is swings and roundabouts? "We may, i f we are at 

fa u lt, have to pay more perhaps in the case of a particular 

injured person. The compensation for that is that we pay le ss 

for another person" and i t may well shorten the proceedings i f I 

simply say, there was th is admittedly injury-and-death causing 

situ ation . Looking at the situ ation , overall, or, i f one must, 

divide i t between Pens 3 and 4, what are the shares of 

responsibility? Otherwise, there is a very real risk that at 

the end of this litig a tio n - I don't know, there may be a 

hundred other dases to come - someone who feels d is s a tis fie d 

with my judgment, but eith er fe e ls he cannot appeal i t or doubts 

he w ill appeal i t su cessfu lly, says, "Well, that was a judgment 

on those cases but not those two cases. I w ill go back for 

another few weeks before another judge" and that, r e a lly , would 

be an appalling state of affa irs and I would not imagine any 

insurer, whichever party he was insuring, would want to 

contemplate that. 

MR. FENWICK: My Lord, I entirely accept that that is an 

almost unthinkable position. 

MR. JUSTICE JOWITT: I am only sorry that the matter has 

not been resolved by now. 

MR. FENVICK: Well my Lord, one of the natters which I 

hope will assist is this, that until now the Police have been

unable to say where Mr. Chapman was la st seen. We very much 

hope that the provision of the document which the Police propose 

to make, consolidating those ninety fiv e separate plans, w ill in 

fact make clear whether the position is such that i t is 

reasonable to agree to i t as being a te st action pure and 

simple, or not. But certainly i t has always been the hope of a ll 

parties, including the Engineer, that the case being tried by 

your Lordship w ill enable the parties to bring to an end the 

litig a tio n altogether. My Lord, i t is unthinkable that there 

should be a separate tr ia l simply because one party does not 

lik e the decision of the judge. 

MR. JUSTICE JOWITT: What is wrong with the swings and 

roundabouts approach, just as a matter of good commercial common 

sense, so that everyone knows where they are at the end of the 

day? 

MR. FENWICK: My Lord, in general terms, nothing. One of 

the reasons why we have been waiting to get the information is 

because, i f i t looked as though i t was a true swings and 

roundabouts case, as my Lord, at the end of the day, one 

anticipates that i t w ill, then of course that is something which 

makes it- much more sensible for treating i t as a test action. 

MR. JUSTICE JOWITT: I suppose common sense would suggest 

that the closer to the front you were, the greater your risk? 

MR. FENWICK: Well my Lord, one can see that as a clear 

inference. May I leave i t th is way, my Lord, I and those behind 

me have heard what your Lordship has had to say. My Lord, 

clearly this is a matter which can usefully be discussed and we 

w ill certainly do everything in our power to a ssist in 

furthering the aim of making these matters fin a l. My Lord, i f 

that involves accepting swings and roundabouts, then that is 

certainly something which w ill be considered very carefu lly and 

I can undertake that what your Lordship has said w ill be 

considered extremely carefully. 

MR. JUSTICE JOWITT: I don't know how many thousand 

pounds a day an action of th is nature is costing, I would not 

be surprised i f i t does not run into six figures and, unless 

there is some firm agreement about the e ffe c t of a judgment in 

th is action, any of the parties is able, at the end of i t , to 

say, "Well, that is those two items out of the way. We w ill 

now have a few weeks more at £70,000 a day." It looks as 

though, whether i t is your particular clie n ts or their insurers, 

they are the ones at the moment who perhaps do need to look at 

the commercial r e a lit ie s . 

MR. FENWICK: My Lord, they w ill be informed. 

MR. JUSTICE JOWITT: It is a matter for them, hot for me, 

but it really would be deplorable if six weeks of court time and 

a ll the probably hundreds of thousands of pounds costs were not, 

at the end of i t , to produce a result which leaves everyone

clear as to where they stand. 

MR. FENWICK: Oh my Lord, certainly. 

MR. JUSTICE JOWITT: There is rather a difference between 

a lead action, where there is only one Defendant, and a lead 

action where there is a number of Defendants. There is a very 

sign ifican t difference. 

MR. FENWICK: Indeed. My Lord, certainly i t would be our 

hope that a ll the matters which were necessary to resolve a ll 

the issues could be canvassed before your Lordship, with your 

Lordship's indulgence. We would hope i t would not be necessary 

to in vite your Lordship - 

MR. JUSTICE JOWITT: I am not very keen on deciding more 

than the issues in the action require me to decide. Moreover, I 

think the other parties would be quite en titled to say; "We do 

not ask you to decide the other matters because, i f you do 

decide them, they wont be res judicata” and i f the Engineer does 

not lik e my findings, he w ill simply say; "Well, the next judge 

may do better." I don’t know that you can have your cake, and 

eat i t . .Jt is a matter for the Engineer and their advisers, not 

a matter for me. 

MR. FENWICK: Well my Lord, we w ill certainly take 

account of that, and we w ill take account, also, of the 

information which we hope the Police w ill be able to provide us 

with on th is. 

MR. JUSTICE JOWITT: I warn you, i f there is no agreement 

that the parties, among themselves, are sa tisfie d enables this 

action to resolve other fatal cases, or one might have non-fatal 

cases as w ell, I shall have to be persuaded that I ought to 

decide issues which are not relevant to the causation of these 

two deaths. 

MR. FENWICK: My Lord, I am obliged. 

MR. DAVIES: My Lord, I am reminded, though I am not in a 

position to put i t before my Lord, that th is point has been 

advanced by the Club and by the South Yorkshire Police in 

correspondence. My Lord, I don't wish to cast gloom over my 

learned friend’s position but we understand that Mr. Chapman's 

position cannot be id en tified as to precisely where he was in 

the Pen, and that is something that has appeared from the 

inquest. 

MR. JUSTICE JOWITT: I imagine not only Mr. Chapman. 

MR. DAVIES: My Lord, not only Mr. Chapman, that is 

right. All we can say - and I don't wish to rake a misleading 

point - Mr. Chapman is not one of those people who w ill appear - 

MR. JUSTICE JOWITT: On the plan.

A 

B 

MR. DAVIES: He w ill appear in the second part of the 

plan but as a different colour. He was on the pitch, my Lord, 

but he was found dead there. 

MR. JUSTICE JOWITT: Yes. Well, I hope that good sense 

w ill prevail. 

MR. DAVIES: My Lord, as te s t actions, the purpose was to 

produce the objective on a swings and roundabout b asis. 

MR. JUSTICE JOWITT: You have not got one at the moment. 

MR. DAVIES: My Lord, i t looks as though we have got one 

for Pen 4. As I understand the Engineer’s position, he is not 

resilin g from the suggestion that Pen 4 is not a te s t action. 

MR. JUSTICE JOWITT: Yes, i t is Pen 3. 

D 

MR. DAVIES: The issue is only in respect of Pen 3. 

MR. JUSTICE JOWITT: You see, th is is the 

unsatisfactoriness of the situ ation . I suppose the Engineer 

says; "Well, i f you don’t find me at fau lt in respect of the 

barrier, Pen 3 also is a te st action" Is that not righ t, Mr. 

Fenwick? 

MR. FENWICK: My Lord, no. My Lord, i t would have this 

effect, that i f your Lordship found we were not lia b le in 

respect of the te st action, then - 

MR. JUSTICE JOWITT: I did not 

say that. 

MR. FENWICK: In respect of the barrier, I am so sorry. 

Then my Lord, the position would be, i f your Lordship found us 

not lia b le in respect of either the barrier or the removal of 

the other barrier - the two barrier points - then my Lord, the 

position would be that the two d ifferen tiatin g factors which set 

Eastwoods apart from the Police and the Club would have 

disappeared. So, e ffe c tiv e ly , although not

MR. WOODWARD: That reads: 

5 now becomes 6: 

"Before 15th September, 1990, each party sh a ll 

deliver to the Court a copy of each expert 

report relied upon, marked agreed or not 

agreed." 

"Arrangements be made for an inspection of the 

Hillsborough football ground by the tr ia l 

judge and that the Leppings Lane terraces 

(including a ll barriers, fences and gates) 

be preserved until such inspection in th eir 

present condition save in respect of any 

destructive testin g of materials which is 

agreed to by a ll parties." 

My Lord, we understand there are certain observations that the 

Club wish to' make on that and, my Lord, in relation to the 

inspection by my Lord of the barriers, a ll sorts of value can be 

drawn from an inspection. There is the benefit of an inspection 

that one has and receives, as i t were, at fir s t blush and gets 

one’s own impression, and then there is the inspection that one 

takes after having heard a ll the evidence, or a ll the relevant 

points and goes back and says; "Ah, now I see the point." My 

Lord, we fear that unless my Lord, at some point, sees the 

ground or sees the barriers, without having heard the Engineer *s 

evidence, and my Lord, not then being in a position to look at 

the barriers after having heard the Engineer's evidence, would 

be a disadvantage. My Lord, we seek to preserve m aterial and 

that is why 6 is there. 

MR. JUSTICE JOWITT: I w ill come back to the question of 

an inspection but there may be more than one solution: one, i f I 

do not look at i t u n til I have heard the evidence; secondly, 

that I look at i t twice, or thirdly - and th is may perhaps be 

the most satisfactory way, bearing in mind that obviously the 

Club need to get on with i t - that I read the Engineer's reports 

and see the barriers. 

MR. WOODWARD: My Lord, I don't know quite exactly what 

my learned friend is going to say. He has indicated generally 

the nature of his submissions, but perhaps we can meet that if 

and when the point a rises. And 7: 

"Lists of authorities to be exchanged by 22nd 

September and lodged with the Court" 

MR. JUSTICE JOWITT: Well, Mr. Davies and Mr. Fenwick, do 

you consent to an Order being made in those terms? 

MR. DAVIES: My Lord, yes. save of course the outstanding 

matter in relation to inspections which, as I understand it , is 

already reserved, anyway. And l i s t s of authorities; we were

* t, 

* 

A 

B 

just a little disinclined to start flinging lists of authorities 

around for nearly two weeks before trial and would simply seek 

to preserve our position in the ordinary way, whereby we keep 

our opponents, obviously, informed of any authorities and 

principles of law. 

HR. JUSTICE JOWITT: I shall expect you to exchange 

lists of authorities by 22nd September. That will not, though, 

preclude you from bringing up other authorities later, but you 

must do your best to make sure that the lists are comprehensive. 

MR. DAVIES: My Lord, of course. My Lord, subject to that 

observation which causes me to withdraw the qualification I had 

in relation to 7, your Lordship is right, they are all subject 

to consent. Can I rise later to deal with outstanding matters? 

MR. JUSTICE JOWITT: Yes. 

D 

MR. FENWICK: We agree. 

MR. JUSTICE JOWITT: So be it. Then that Order is made. 

.MR. DAVIES: My Lord, there are two matters on which I 

want, if I may, to address your Lordship. The first relates to 

the List of Issues which was the subject of discussion between 

your Lordship and Mr. Woodward right at the outset this 

afternoon. And the second is in relation to the proposed 

judicial inspection of the ground. Dealing with it in that 

order, my Lord, I don't want to burden your Lordship with 

history but the question of a List of Issues, and certainly our 

understanding and appreciation of what that list was 

contemplated to be, first appeared in the discussion and the 

Orders made by Mr. Justice Stein back in March, and then was 

further the subject of discussion and an Order made by Mr. 

Justice Rose in May. 

MR. JUSTICE JOWITT: Certainly I know, which was not in 

Mr. Justice Rose's contemplation, that there was going to be a 

list which was simply a List of Issues raised by the Plaintiffs. 

What I want is a List of Issues which tells me what the Claimant 

is blaming which Defendant over, and what each Defendant is 

blaming either the others or the Claimant. It is a matter for 

discussion between Counsel on which way that List can be best 

presented; whether as three separate documents or, I suspect, as 

one comprehensive document, for this reason, it may be, for 

instance, that two parties on one issue are blaming the third, 

and it is going to be much more helpful that one sees: there is 

the issue - A and B against C - rather than having to turn up 

another List. 

L. Harpham LW 

H 

MR. DAVIES: My Lord, I want tc keep it brief, if I may, 

but on the occasion that it was first raised, and raised by the 

Claimant, by the Police as being something which would mean - 

the sole or at least the dominant purpose was intended to be 

helpfulness to whoever was going to try the case; both a 

16

distillation and curtailing of the amount of reading, and it was 

hoped clarifying and therefore concentrating upon the real 

issues in the case. 

B 

HR. JUSTICE JOWITT: So that one is not, all the time, 

darting back to Particulars. 

HR. DAVIES: Yes, subject to this point, my Lord, that my 

learned leader on the occasion before Mr. Justice Stein in March 

rose and made submissions which were - and I can take your 

Lordship to the paragraph in the transcript - crystalclear that 

it was never intended, nor were we to be understood as 

consenting to the List of Issues in some way forming a real 

substitute for Pleadings. In other words, the four corners of 

the List of Issues were, themselves, to be defined by the 

pleaded case. 

D 

E 

MR. JUSTICE JOWITT: May I say this to you, Mr. Davies, 

there are several score of issues. I really do think it 

desirable and I hope it is possible to have a List of Issues 

which tell me, without the need to go"back to the Particulars in 

the Pleadings and the Further and Better Particulars, what it is 

I have to decide. Having decided whether A is at fault in this 

respect, I then have to look at the overall picture and say how 

blame is to be apportioned. I would hope it is really not going 

to be necessary to go back to the Pleadings or Particulars. 

MR. DAVIES: My Lord, I had not, I think, with respect, 

sufficiently developed what I wished to say. The last thing I 

want to have, or we want to have is to have the judicial left 

arm bent by a very weighty set of Pleadings to do this constant 

cross-referencing. But my purpose in referring to Mr. Glasgow's 

submissions to Mr. Justice Stein in March was simply this, that 

he made it very clear on behalf of the Club that our consent to 

this procedure, called a List of Issues, in no sense 

contemplated somebody being able thereby to replead his case in 

a different fashion, and we were very mindful of this, that at a 

number of interlocutory stages in these proceedings the Police 

have been quite open, and they have done nothing in any way to, 

disguise their earnest desire that they in fact be allowed, in 

effect, to tear up the original Pleadings and begin the whole 

thing again as Claimants in contribution proceedings. Now my 

Lord, when your Lordship comes to look - as you have indicated 

you have had the opportunity to do - at the List of Issues 

so-called delivered by the Police, your Lordship will have seen 

in addition, if I may suggest, to the observations already made 

that it does not, in any sense, amount to a List of Issues that 

contemplates the role and, if it be the case, the culpability of 

the Police and responsibility of the Police in contribution 

proceedings. 

H R . J U S T I C E J O W IT T : T h a t w o u l d b e t h e D e f e n d a n t s ' t a s k , 

w o n t i t , t o . t a k e t h o s e c o n t r i b u t i o n s ? 

HP.. D A V IE S : I t w i l l , w i t h r e s p e c t , b e p a r t o f t h e i r 

J

»' 

i 

B 

D 

task. It is not their whole task because a Claimant in 

contribution proceedings is in a fundamentally different 

position from the Plaintiff who is complaining against the 

Defendant of a tortiously-done wrong because, although the 

Claimant in these contribution proceedings has - and it has to 

be noted - never admitted liability, he has simply agreed to 

compensate, the procedure - and we are, of course, aware of the 

fact that the 1978 Act invites, even directs the Court to have 

regard to whether, if certain facts were proved or true, a 

person would be liable, nonetheless, the procedure which, with 

respect, we would say has to be contemplated is, first of all, 

an assessment of whether the Claimants to contributions 

proceedings would, themselves, have been liable to the 

Plaintiffs. Secondly then to go on to consider whether the 

Defendants to those contribution proceedings would be liable, or 

are liable to the Plaintiffs, and third, in the event of both 

those questions being answered in the affirmative, an equitable 

assessment - whether one does it on a minute basis or the broad 

brush or swings and roundabouts basis is irrelevant for present 

purposes - an equitable apportionment of the levels of 

contribution. My Lord, in the light of that, what the List of 

Issues, in our submission, in truth amounted to - 

MR. JUSTICE JOWITT: Forgive me. Is it necessary that a 

Defendant - I refer now to one of the Third Party Defendants - 

is it a pre-requisite of his liability to the Claimant that he 

would have been liable to the Plaintiff? Let me give you this 

example; suppose the Claimant is undoubtedly liable to the 

Plaintiff but he has contractual rights against a Third Party 

which enabled him to recover the whole or part, it does not 

necessarily follow that the Plaintiff would have any right of 

action against the Third Party. 

MR. DAVIES: No. That, my Lord, is absolutely correct, if 

I may say so respectfully. But, in the particular circumstances 

of this contribution action it ignores the fact that what on the 

pleaded case is being sought from us is tortious contribution 

under the 1978 Act. I have not sought by way of counterclaiming 

in contribution proceedings against the Police on the grounds 

that there was or almost certainly was a contractual 

relationship between the Police and the Club in respect of 

policing. Secondly, although I have made criticises and 

allegations by way of adoption against the Club's Engineers, 

Eastwoods, there are no contractual indemnity proceedings there 

and these contribution proceedings are, as I understand it, and 

I shall be corrected if I am wrong, purely and simply under the 

1978 Act. 

M R . J U S T I C E J O W IT T : I c h o s e c o n t r a c t a s o n e e x a m p l e b u t 

t h e r e m a y be a c a s e i n w h i c h t h e T h i r d P a r t y o w e s a d u t y , i n t h e 

; b r e a c h o f w h i c h r e n d e r s h im l i a b l e t h r o u g h n e g l i g e n c e , t o t h e 

H i D e f e n d a n t . I t d o e s n o t n e c e s s a r i l y f o l l o w t h a t h e e w e s t h e sa m e 

: d u t y t o t h e P l a i n t i f f . 

- ... Hjronam LTC 

MR. DAVIES: I agree, my Lord 

18

MR. JUSTICE JOWITT: So that, there again, even if one is 

considering negligence, the liability of a Defendant in these 

proceedings to the Plaintiff is not a pre-requisite of any 

liability to the Claimant. 

MR. DAVIES: My Lord, the pleaded case is absolutely and 

firmly on that basis; it is saying, "You the Club and/or you the 

Engineer would, if you had been sued by the Plaintiff..." - and 

of course, we originally were, the Plaintiffs dropped out when 

the accommodation was reached - "...you would have been liable" 

which is, in my respectful submission, at the heart of the 

assessment of contribution under the 1978 Act. 

My Lord, be that as it may, the real purpose and the 

real sting of the criticism, we hope and believe a well 

conceived criticism, is that the List of Issues should have read 

as issues; an identification of what from the respective pleaded 

cases are the issues which the judge has got to decide, and 

then, in broadly speaking Scott Schedule form, should have gone 

on to say what each of the parties' observations are. In truth, 

as we submit, the List of Issues delivered by the Police, to 

which we were due to respond on 15th July, in fact reads more 

like a series of counts on an indictment and pays no regard to 

the Police's own case on what, if anything, their responsibil ity 

is in relation to issues A, B, C and D, and that was the 

fundamental objection we took. 

that? 

MR. JUSTICE JOWITT: What did Mr. Justice Stein say about 

MR. DAVIES: My Lord, Mr. Justice Stein said this during 

argument, and this is on page 144 Bundle 4, it is in the course 

of submissions by Mr. Glasgow on behalf of the Club, your 

Lordship sees just below letter D what the Club's leading 

counsel had to say and it is a passage to which I have referred 

and Mr. Justice Stein says by way of reply: 

"... and the Memorandum and Counter Memorandum 

which we now call the List of Issues ought not 

to travel beyond the issues..." 

My Lord, when I embarked on this submission that is all I had in 

mind, and your Lordship will see in due course, because you have 

not yet had the opportunity of seeing the Club's responses, and 

will see in further due course what the Engineer’s responses are 

in the making, that we do seek to do what your Lordship 

envisages, of making our own case by way of defence and attack, 

but have had to draw attention to the fact that the connection 

in the case of many issues is pretty tenuous, if at all, with 

the pleaded case as it in fact exists, and my Lord, your 

Lordship has made it very clear to us that you have not yet 

waded through what are substantial and voluminous pleadings, 

that it may assist to know that the Police make their case 

against the Club and the Engineers by very substantial reference 

to and adoption of the Plaintiffs own pleaded case against us in

the Amended Statement of Claim. We similarly do that by way of, 

in a sense, a defence that is set off against the Police and 

likewise, so it is within the pleadings in the main action, with 

very few, if any, substantive additions thereto by the 

commencement of contribution proceedings, that one finds the 

issues. My Lord, a lot of agonising went into it. We have 

delivered. We delivered two days late, on 20th July, because we 

were given an extension but, my Lord, it is desired simply to 

say this on behalf of the Club, that although it has done its 

best to respond to what we believed to be both the letter and 

the spirit of the previous Orders, we do not accept, and indeed, 

we say plainly, we think that the extent to which your Lordship 

will be helped by that List of Issues, as opposed to the 

Pleadings, is very limited indeed, and that that, my Lord, is 

our position on it. 

MR. JUSTICE JOWITT: You say because it goes too far? 

MR. DAVIES: Because it goes too far. It is prolix, it is 

repetitive, it is long, it is burdensome, it is sometimes 

difficult to work out what has been said. Those are all 

responses by u s . 

MR. JUSTICE JOWITT: Insofar as it goes beyond the 

Pleadings, the Plaintiffs or the Claimaints will have to make up 

their mind whether they are going to ask for an amendment, and 

if it is opposed, whether the application will be granted. 

MR. DAVIES: My Lord, I hope, to the extent that we have 

touched on vital List of Issues, your Lordship will plainly and 

I hope clearly see that it was thought right, and it has been 

the subject of much discussion, that that response and reaction 

to the List of Issues should be stated. 

My Lord, on the other matter which is not in any sense 

to be controversial, may I simply preface anything said by way 

of submission on the proposed judicial visit, I call it a 

proposed judicial visit because the decision is ultiaately 

yours; my Lord, first of all, nothing I am about to say in terms 

of what constitutes the Club’s reasonable and legitimate desires 

is in any sense intended to or wished to create any handicap or 

obstacle or obstruction to the proper progress of this 

litigation. The physical state and condition of the Pens at 

the Leppings Lane end remain, with one or two exceptions 

consequent upon what the Engineers have all been doing, in 

substantially the same condition as they were at the end of that 

afternoon in 1989. My Lord, Lord Justice Taylor on his visit to 

the grounds at an early stage was sympathetic to the Club's 

desire, even then, physically to change the layout as soon as 

possible, not least because it was recognised to constitute for 

some people a daily, and for others a weekly re.ninder of what 

had happened on that day. Until very recently - 

M R. J U S T I C E J O W IT T : A r e y o u , i n s h o r t , s a y i n g t h a t f o r 

u n d e r s t a n d a b l e r e a s o n s t h e C l u b w a n t t o g e t o n a n d i m p r o v e t h e

ground, both out of a legitimate concern for those who come to 

watch and out of a concern for their own future liability, and 

will I come and look as soon as possible? 

MR. DAVIES: My Lord, yes. Your Lordship should - or 

perhaps it is still in London - have seen the letter which those 

instructing me sent to your Lordship's Clerk I think on 16th of 

this month informing you, through your Clerk, that a visit at 

short notice was available at any time, and of course that 

letter was copied to both my learned friends. 

HR. JUSTICE JOWITT: I am quite happy to go and look at 

the Club if all the parties think it is desirable that I should 

as soon as possible. That is once I have done what the parties 

think is the requisite homework so that the visit will be 

useful. 

HR. DAVIES: My Lord, there there may be something of a 

disagreement because it would follow from the proposed timetable 

that your Lordship would not have even had the opportunity to 

grapple with the expert engineering evidence that is about to be 

exchanged until some time well into September, the month 

preceding the trial. 

HR. JUSTICE JOWITT: Can't it be done sooner? 

MR. DAVIES: That may be extremely difficult, given the 

timetable - we imposed it upon ourselves - in relation to 

preparation of expert engineering evidence. My Lord, it is 

perhaps worth reflecting that although it now seems perhaps 

quite a long time to some since this disaster occurred, a very 

great deal of time has already been taken up in the preparation 

of this litigation and the parties have got on at a good crack. 

My Lord, the Club's desire - and it is only a desire for the 

reasons I have stated - would be to take down the barriers and 

what remains of the perimeter fence before the commencement of 

the new season. 

MR JUSTICE JOWITT: I would have hoped. Mr. Davies, that 

without it being necessary to prepare the Engineers evidence in 

its entirety, enough would have been put on paper to enable roe 

to see what are the principal things I need to look at, and why. 

MR. DAVIES: My Lord, my difficulty is this, I neither 

understand nor, therefore, am in any sense persuaded by the 

proposition that your Lordship has to have familiarity with some 

aspects of the engineering evidence to derive benefit from a 

site visit. My Lord, a site visit would permit your Lordship - 

and the geography is essentially familiar f r c a your Lordship's 

reading o f Lord Justice Taylor, Mk I - t h a t y o u w o u l d wish t o 

stand, o n e imagines, outside the perimeter g a t e s t h e n stand 

i n s i d e , I m e a n t h e outside perimeter r a t h e r t h a n t h e perimeter 

f e n c e . 

MR. JUSTICE JOWITT: There is a control roorr..

» 

« 

A 

B 

MR. DAVIES: My Lord, that was going to be No. 4 in ny 

list. And your Lordship will want to stand and walk through the 

tunnel, and be on the terraces themselves. Now all the Club 

needs to know, if 1 may be bold enough to ask it, is when in 

fact, without in any sense obstructing or interfering with the 

progress of the litigation, it can reasonably confidently expect 

it will be able to take down the barriers and the perimeter 

fence. 

MR. JUSTICE JOWITT: If someone says, "Look, there is 

this particular feature of the barrier we think you should look 

at and note this, that and the other about it" that should be 

quite possible to put into writing, without the whole of the 

engineering evidence being prepared. The Engineer will know that 

there are these aspects about the barrier, for example, or about 

some other feature that may be important in his evidence and so 

it may be thought that I should be asked to take a look at that. 

I don't see any great difficulty about that. 

D 

any. 

MR. DAVIES: I hope I did not suggest there should be 

MR. JUSTICE JOWITT: I do not think it is going to be 

necessary to have, as at one point I thought it might be 

desirable, to have all the Engineer's evidence prepared. I 

understand that time is of the essence. 

MR. DAVIES: If valid reasons are deployed to say that 

the removal of the barriers cannot occur until after this trial 

begins, so be it, that is what the Club will do. 

MR. JUSTICE JOWITT: Mr. Davies, it would be quite wrong 

for me to try and delay the removal of the barriers or the 

alterations required unless there are very very strong reasons. 

MR. DAVIES: I am obliged to hear it, my Lord. 

MR. JUSTICE JOWITT: I have no intention of doing that. 

MR. DAVIES: My Lord,' may I repeat so that nobody is 

under the least apprehension, the facilities are there as and 

when, albeit your Lordship chooses to avail himself of thes. I 

don't think there is any further submissions I would make. 

MR. JUSTICE JOWITT: Yes M r . Fenwick. 

H 

MR. FENWICK: My Lord, can I mention two things in 

relation to the inspection. Certainly so far as the Engineers 

are concerned, if your Lordship were minded to make a visit and 

indicated when it would be, we would make sure that we provided 

by way of a letter to the other parties those aspects which we 

thought might be of assistance for your Lorcship to look at. We 

would be quite prepared to do that, whatever your Lordship 

wanted to inspect. 

J.L.Ha'dnam Lie 

22

MR. JUSTICE JOWITT: About how much reading do you think 

I am going to need to do in preparation for an inspection? What 

I had in mind was th is, I would lik e to be furnished with a l i s t 

of those things that I am going to be asked to look at and, i f 

i t can be done b riefly - and I stress b riefly - the reason why. 

Then I hope i t should be enough i f I read that l i s t , fam iliarise 

myself with i t and then go to the s ite and ask to be shown 

th is, that and the other. Obviously, when we get there the 

parties are going to say, "Will you have a look at so-and-so as 

well" but I want to keep discussion on s it e to a minimum, for 

obvious reasons. Now, i f I were to say Friday, 3rd August, 

would that create problems for anyone? I t would have to be 

subject to th is, I begin a murder tr ia l tomorrow here which I am 

told w ill run over, but they have told me i t should be finished 

by Thursday. If I wanted to bring i t forward by a couple of days 

or a day, I do not imagine that would create any real problems, 

would i t , for anyone? 

MR. FENWICK: My Lord, i t depends slig h tly on whether 

your Lordship envisages being accompanied by engineers, or 

en tirely on your own, or by lawyers being present. 

-MR. JUSTICE JOWITT: I sh all want a representative from 

each party to be with me. I do not think i t matters whether we 

have engineers there, or not. X do not think i t is necessary for 

counsel to attend. I do not say they should not, but what I need 

to do is to know in advance what the parties are asking me to 

look at, and to be sure that there is someone there who can 

direct me to i t . 

MR. DAVIES: My Lord, i t is on that, obviously, the 

lo g istic s of showing your Lordship around, i f I can put i t that 

way, w ill lie with the Club and arrangements w ill be made, and I 

would hope perhaps when your Lordship r ise s th is afternoon we 

can simply ensure that your Clerk has the telephone numbers and 

requisite contacts and d e ta ils . 

MR. JUSTICE JOWITT: Yes. At the moment, what I have in 

mind is Friday, 3rd August. I sh all be at the Judges Lodgings in 

Sheffield and I can be collected from there at 10.30 and taken 

back there. 

MR. DAVIES: We do understand that the resp on sib ility for 

the arrangements lie s with the parties. 

MR. JUSTICE JOWITT: Yes. I have chosen that because I 

know how to get there. I might not be so good at getting to the 

football ground on my own. 

M R . D A V IE S : M y L o r d , i f y o u r L o r d s h i p p e r m i t s u s i n t h e 

n o r m a l w a y t o l i a i s e t h r o u g h y o u r C l e r k , w ho i s h a p p i l y i n c o u r t 

a n d h a s h e a r d w h a t h a s b e e n s a i d , F r i d a y t h e 3 r d w o u l d b e 

p e r f e c t l y s a t i s f a c t o r y . 

M R. F E N W IC K : M y L o r d , t h e s e c o n d m a t t e r w a s t h e q u e s t i o n

of L ists of Issues. We adopt the concerns expressed by my 

learned friend, Mr. Davies. My Lord, we certainly hoped and 

s t i l l hope that the L ist of Issues w ill provide the kind of easy 

reference document that your Lordship hoped i t would. Certainly 

i t would be our intention - we are in the process of and w ill 

fin ish next week - of completing our responses. We w ill set out 

there the matters we complain of against the other p arties so 

that that w ill be done. My Lord, we endorse the view that there 

are matters within the P o lice's List of Issues which appear to 

us to be outside the Pleadings. We sh all identify those and, of 

course, the Police w ill then have the opportunity of either 

arguing that they are within or making an application to amend. 

MR. JUSTICE JOWITT: Yes. I do not see why, i f the 

P la in tiffs fe e l a need to amend the Pleadings because i t is said 

their issues go outside them, why the amendment needs to be 

dealt with before the t r ia l. It is not as though you w ill not 

have had good enough notice. 

MR. DAVIES: My Lord, do we understand from that that the 

Club having answered th eirs, may wish to put in a column of 

their own? Is that the position? I am not sure my Lord, forgive 

me - 

MR. JUSTICE JOWITT: What I want is a List of Issues and 

I would like - I think i t w ill have to be the Police who deal 

with th is because they w ill have the l i s t s from the two 

Defendants and they w ill have to consolidate i t into one 

Schedule. 

MR. DAVIES: My Lord, i t was not clear when the Engineer 

was to provide his l i s t . An Order was made by Mr. J u stice Rose, 

by consent, and there has been no application for an extension 

of time today but I think, informally, my friend is prepared to 

give an indication of when that l i s t can be provided. 

MR. FENWICK: My Lord, I informally c la r ifie d the matter 

ea rlier. We w ill provide i t by next Wednesday, and I had 

understood that that was acceptable. 

MR. JUSTICE JOWITT: Yes. There are then :wo matters I 

would like to raise. I hope i t is clear, I want to have to refer 

as l i t t l e as possible to the Pleadings, and esp ecially to the 

Particulars and Further and Better Particulars of negligence 

because I hope that the L ist of Issues w ill be m y principal 

reference there. I wonder if there is any reason why we should 

not have a reduced bundle of Pleadings cutting out the surplus. 

I don't make any order about that but I in vite the p arties to 

think about that. 

New, I see that there is to be a summary of the opening 

prepared. How practical is i t to have the b riefest - and I 

stress the b riefest - of rep lies simply to help ne in my 

preliminary reading to grasp the issues? Mr. Davies and Mr. 

Fenwick, what do you say about that? It is not a reply which is

going to tie the parties down, but i t just helps me in ray 

thinking about the case. 

B 

MR. FENWICK: My Lord, certain ly. At the moment, there is 

no date for the P la in tiffs to provide their written opening. If 

your Lordship would lik e to have our reply before the date of 

the opening of the tr ia l, we would clearly need at le a st two or 

three days to prepare our reply. If the Police were able to do 

i t , say, id eally ten days or, at worst, seven before - 

MR. JUSTICE JOWITT: Can you manage seven days before, 

Mr. Woodward? 

MR. WOODWARD: My Lord, my learned junior says, "Of 

course you can." 

MR. DAVIES: I have got nothing to add to what Mr. 

Fenwick has said. 

D 

MR. JUSTICE, JOWITT: Very w ell. It w ill be helpful to me. 

But I stress, i t should be brief and, obviously, the Defendants 

are not tied to that, but i t at lea st helps me to have some idea 

of the issues from both sid es. 

L

I 

A 

! 

I 

r 

i 

B 

c 

D 

E 

F 

G 

H 

and yet i t has been underlined. And, before Mr. Payne g ets too 

pleased about i t , there are sim ilar comments one can make about 

underlining in red. I give him an example. Paragraph 166, page 

29: 

"De facto, the Police at Hillsborough had 

accepted resp on sib ility for control of the 

pens at Leppings Lane end. The evidence of 

the senior o fficers who had been concerned 

with policing at Hillsborough over the years 

was a ll one way on t h is ..." 

I would be very disappointed i f , because that is underlined, we 

then have to go through the transcripts and discover that Lord 

Justice Taylor has accurately se t out the e ffe c t of the 

evidence. So my criticism s are not a ll directed at one party. 

MR. FENWICK: My Lord, may I say in relation to the 

purple underlining, Dr. Eastwood w ill, of course, give evidence, 

i t is presently anticipated, anyway, at the tr ia l. My Lord, i t 

has been ordered and agreed that his evidence in chief, which is 

in the form of a statement, and the transcript of his evidence 

sh all stand. Hy Lord, the view we took, and we w ill certain ly 

review i t in the lig h t of your Lordship's remark, was that where 

he was going to give evidence personally and those documents 

would be before the Court, then the best evidence of that 

witness would be what he had to say to your Lordship. 

HR. JUSTICE JOWITT: Forgive me, Mr. Fenwick, that just 

does not take account of what the Order was. The Order was, that 

those parts which are not accepted should be underlined. I t is 

not a ju stific a tio n for underlining as not accepting the fa cts 

when you hear the very same things from Dr. Eastwood him self. A 

very good reason for not underlining. 

MR. FENWICK: My Lord, I hear that 'and in due course 

w ill take account of what your Lordship says. 

MR. JUSTICE JQWITT: There are other examples but I sh a ll 

not go through them. Mr. Woodward, I am just looking at page 

33, paragraph 190. 

"Both the Police and the Club should have 

r e a lise d ..." 

As the Police accept that the Club should have realised th at, I 

shall lis te n with in terest to any evidence showing that the Club 

was in a better position to know than the Police. I don't want 

to know what i t is now, but one might be forgiven, sometimes, 

for thinking that, whether i t is the red pen or the purple pen, 

i t has been at work simply because there has been some matter of 

criticism . Anyway. 

MR. WOODWARD: My Lord, the point is taken. 

- I Harpharr _;a 

26

B 

D 

MR. JUSTICE JOWITT: Now, there is another matter I would 

like counsel to think about, and it is obviously not something 

on which one can make decisions today. But I suppose, in the 

end, there are going to be several scores of issues here. We can 

either keep them all in the air and resolve all at the end of a 

several week hearing, or it may be that there are some groups 

which could be isolated so that they can be decided by, if you 

like, a series of mini-judgments simply saying, nA has been at 

fault here" or "A has not been, B has been at fault" and then, 

in the light of those and other findings, at the end of the day, 

see how overall liability should be apportioned. I hope the 

parties would think about that and see whether there are issues 

of that nature which can be isolated because, if one can, it is 

certainly helpful to me and I dare say it is helpful to counsel 

as well so that we are not having to keep all those matters on 

the go or unresolved until the moment of judgment. 

One matter which strikes me as being something which may 

be capable of- decision on its own, as an example, is whether the 

Police were in de facto control. That may be quite an important 

issue to resolve. 

••May I just say this about the Taylor Report; obviously, 

if I consider that the uncontested matters of the Report justify 

a criticism which is made in the Taylor Report, of course, I 

shall bear in mind any additional evidence and arguments 

submitted to me and, of course, I shall feel quite free to reach 

the same conclusions as Lord Justice Taylor, if there is the 

material there, either admitted or established, which in light 

of submissions seems to me to be „the right conclusions to draw. 

I say that because, so far, at all events on a preliminary 

reading, it has seemed to me that there is evidence upon which 

Lord Justice Taylor draws a conclusion, evidence which is not 

contested and, if I may respectfully say so, the conclusion 

seems to me to be redolent of commonsense, but it is underlined 

in one colour or another. I hope matters like that will be 

considered. 

( Now the last matter I wish to raise is this; I hope 

before the trial, a week or two before the trial, the parties 

will be able to agree upon a Reading List for me so that I can 

then tackle the reading. Are there any other matters? 

MR. PAYNE: My Lord, I am about to rise to make my small 

contribution. I ask for an Order for costs in the cause and, on 

this occasion, on these interlocutory proceedings, a certificate 

for two counsel, please. 

MR. WOODWARD: My Lord, I oppose neither. 

J L. Harpham Ltd 

H 

MR. JUSTICE JOWITT: So be it. 

MR. WOODWARD: My Lord, one of the matters that is raised 

is the filing of transcripts of the interlocutory proceedings, 

of which this will be one. I don't know how soon that transcript 

27

can be obtained. It may be that the filing of bundles might not 

contain a transcript if it has not yet been received. 

MR. JUSTICE JOWITT: I would not worry about that. I do 

not think I shall want to refer to the transcript of today, 

unless I think that people have not tried to do as I have asked, 

and I am sure that will not arise, or someone says "You have not 

done so-and-so and should have" and I hope that will not arise. 

(The Court rose)

1989 C No 5925 

IN _THE HIGH COURT OF JUSTICE 

QUEEN' S BENCH DIVISION 



JOAN CHAPMAN 

WIDOW AND ADMINISTRATRIX OF THE ESTATE OF 

RAYMOND THOMAS CHAPMAN DECEASED 

Plainti f f 

- a n d - 

(1) THE CHIEF CONSTABLE OF SOUTH YORKSHIRE POLICE 

(2) SHEFFIELD WEDNESDAY FOOTBALL CLUB PLC 

(3) SHEFFIELD CITY COUNCIL 

(4) EASTWOOD & PARTNERS (Consulting Engineers) 

(a firm) 

a n d 



a n d 



(a firm) 


LIST OF DOCUMENTS 

T h e f o l l o w i n g i s a L i s t o f D o c u m e n t s r e l a t i n g t o t h e m a t t e r s 

i n q u e s t i o n w h i c h a r e o r h a v e b e e n i n t h e p o s s e s s i o n , c u s t o d y 

o r p o w e r o f t h e a b o v e - n a m e d F o u r t h D e f e n d a n t s a n d w h i c h i s 

s e r v e d i n c o m p l i a n c e w i t h t h e O r d e r h e r e i n d a t e d 2 0 t h D e c e m b e r 

1 9 8 9 a s a m e n d e d b y O r d e r d a t e d 6 t h M a r c h 1 9 9 0 . 

1. T h e F o u r t h D e f e n d a n t s h a v e i n t h e i r p o s s e s s i o n c u s t o d y o r 

- 1 -

p o w e r t h e d o c u m e n t s r e l a t i n g t o t h e m a t t e r s i n q u e s t i o n 

e n u m e r a t e d i n S c h e d u l e 1 h e r e t o . 

2. T h e F o u r t h D e f e n d a n t s o b j e c t t o p r o d u c e t h e d o c u m e n t s 

e n u m e r a t e d i n P a r t 2 o f t h e s a i d S c h e d u l e o n t h e g r o u n d t h a t 

s u c h d o c u m e n t s a r e a s a p p e a r s f r o m t h e i r n a t u r e p r i v i l e g e d a n d 

f r e e f r o m p r o d u c t i o n . 

3. T h e F o u r t h D e f e n d a n t s h a v e h a d b u t h a v e n o t n o w i n t h e i r 

p o s s e s s i o n c u s t o d y o f p o w e r t h e d o c u m e n t s r e l a t i n g t o t h e 

m a t t e r s i n q u e s t i o n i n t h i s a c t i o n e n u m e r a t e d i n S c h e d u l e 2 

h e r e t o . 

4. O f t h e d o c u m e n t s i n t h e s a i d S c h e d u l e 2 t h o s e i n t h a t 

S c h e d u l e w e r e l a s t i n t h e F o u r t h D e f e n d a n t s p o s s e s s i o n , c u s t o d y 

o r p o w e r o n t h e r e s p e c t i v e d a t e s t h e r e o f w h e n t h e s a m e w e r e 

d e s p a t c h e d t o t h e p e r s o n s t o w hom t h e y w e r e r e s p e c t i v e l y 

a d d r e s s e d . 

5. N e i t h e r t h e F o u r t h D e f e n d a n t s n o r t h e i r s o l i c i t o r s n o r a n y 

o t h e r p e r s o n o n t h e i r b e h a l f h a v e n o w o r e v e r h a d i n t h e i r 

p o s s e s s i o n , c u s t o d y o r p o w e r a n y d o c u m e n t o f a n y d e s c r i p t i o n 

w h a t e v e r r e l a t i n g t o a n y m a t t e r i n q u e s t i o n i n t h i s a c t i o n 

o t h e r t h a n t h e d o c u m e n t s e n u m e r a t e d i n S c h e d u l e s 1 a n d 2 

h e r e t o . 

S C H E D U L E 1 - P A R T 1 

N o . D e s c r i p t i o n o f D o c u m e n t D a t e 

1. B u n d l e o f d o c u m e n t s s u b m i t t e d t o t h e 

P u b l i c I n q u i r y c h a i r e d b v L o r d J u s t i c e 

T a v l o r o n b e h a l f o f D r E a s t w o o d o f t h e 

EflUjflJL ,Bfi£anflaa£g.if 

a ) C o r r e s p o n d e n c e a n d M i n u t e s o f M e e t i n g s 

1. S o u t h Y o r k s h i r e C o u n t y C o u n c i l ( " S Y C C " ) 

S a f e t y a t S p o r t s G r o u n d s A c t 1 9 7 5 - 

N o t e s f o r t h e G u i d a n c e o f A p p l i c a n t s f o r 

S a f e t y C e r t i f i c a t e s 0 0 .0 4 . 76 

2. C o p y L e t t e r H u s b a n d & C o t o S e c o n d 

D e f e n d a n t s e n c l o s i n g L i s t o f M i c r o f i l m s 

o f d r a w i n g s ( 9 p a g e s ) 1 9 . 0 9 . 7 7 

3. < L e t t e r S e c o n d D e f e n d a n t s t o F o u r t h 

D e f e n d a n t s 2 5 . 1 0 . 78 

4. F o u r t h D e f e n d a n t s M a n u s c r i p t N o t e U n d a t e d . 

5. C o p y L e t t e r F o u r t h D e f e n d a n t s t o S e c o n d 

D e f e n d a n t s 2 7 . 1 0 . 7 8 

6. C o p y L e t t e r F o u r t h D e f e n d a n t s t o S e c o n d 

D e f e n d a n t s e n c l o s i n g l i s t o f d r a w i n g s 

( 3 p a g e s ) 0 6 .1 1 . 78 

- 2 -

C o p y L e t t e r F o u r t h D e f e n d a n t s t o 

H u c k l o w E n g i n e e r i n g C o 

L t d 

1 4 . 1 1 . 78 

L e t t e r S e c o n d D e f e n d a n t s t o F o u r t h 


0 1 . 1 2 . 7 8 

F o u r t h D e f e n d a n t s N o t e o f G r o u n d 

C a p a c i t y 

1 2 . 1 2 . 7 8 

N o t e o f t h o s e a t t e n d i n g m e e t i n g o n 

1 3 . 1 2 . 78 

U n d a t e d . 

F o u r t h D e f e n d a n t s C a l c u l a t i o n s o n G r o u n d 

C a p a c i t y f o r W e s t T e r r a c e s 

0 0 . 0 1 . 7 9 

L e t t e r F o u r t h D e f e n d a n t s t o S e c o n d 

D e f e n d a n t s ( 1 3 p a g e s ) 

1 2 . 0 1 . 79 

F o u r t h D e f e n d a n t s C a l c u l a t i o n s f o r 

G r o u n d S a n d i n g C a p a c i t y 

F o u r t h D e f e n d a n t s R e p o r t o n G r o u n d 

C a p a c i t y ( 9 p a g e s ) 

1 7 . 0 1 . 7 9 

N o t e o f M e e t i n g b e t w e e n O f f i c e r 

W o r k i n g P a r t y a n d S e c o n d D e f e n d a n t s 

( 5 p a g e s ) 

0 2 . 0 4 . 79 

N o t e o f M e e t i n g b e t w e e n O f f i c e r 


( 4 p a g e s ) 

1 8 . 0 4 . 7 9 

L e t t e r SYC C t o S e c o n d D e f e n d a n t s 

e n c l o s i n g S c h e d u l e " M a t t e r s R e q u i r i n g 

A t t e n t i o n a t t h e [ g r o u n d ] " ( 8 p a g e s ) 

0 8 . 0 6 . 7 9 

F o u r t h D e f e n d a n t s F i l e N o t e o f 

I n s p e c t i o n w i t h w o r k i n g p a r t y 

1 2 . 0 7 . 7 9 

L e t t e r SYCC t o S e c o n d D e f e n d a n t s 

0 6 . 0 8 . 7 9 

L e t t e r SYCC t o S e c o n d D e f e n d a n t s 

2 1 . 0 8 . 7 9 

N o t e o f m e e t i n g b e t w e e n O f f i c e r 


( 5 p a g e s ) 

1 2 . 1 1 . 7 9 

L e t t e r SYC C t o 


2 9 . 1 1 . 7 9 


B u i l d i n g S u r v e y o r o f SYCC 

1 9 . 1 2 . 7 9 


S e c o n d D e f e n d a n t s ( 4 p a g e s ) 

2 8 . 0 1 . 8 0 


S YC C 

1 5 . 0 7 . 8 0

Letter SYCC to Fourth Defendants 

1 8 . 0 7 . 80 

N o t e o f a V i s i t t o H i l l s b o r o u g h 

( 2 p a g e s ) 

0 8 . 0 6 . 8 1 . 


SYCC 

0 1 . 0 9 . 81 

F o u r t h D e f e n d a n t s ' N o t e o f E n t r a n c e 

a r r a n g e m e n t s a t L e p p i n g s L a n e 

( 2 p a g e s ) 

U n d a t e d 

F o u r t h D e f e n d a n t s ' d r a w i n g No 

3 5 6 3 /1 - R a d i a l F e n c e s a n d T u r n s t i l e s 

a t L e p p i n g s L a n e ( p o s s i b l e S c h e m e N o 1 ) 

U n d a t e d 

F o u r t h D e f e n d a n t s ' d r a w i n g N o 3 5 6 3 /2 

D r a w i n g N o 3 5 6 3 /2 - R a d i a l F e n c e s a n d 

T u r n s t i l e s a t L e p p i n g s L a n e ( p o s s i b l e 

S c h e m e No 2 ) 

U n d a t e d 

F o u r t h D e f e n d a n t s t o SYCC 

0 9 . 0 9 . 81 

L e t t e r SYCC t o F o u r t h D e f e n d a n t s 

1 4 . 0 9 . 81 

L e t t e r F o u r t h D e f e n d a n t s t o S e c o n d 


1 5 . 0 9 . 81 

F o u r t h D e f e n d a n t s ' t e l e p h o n e a t t e n d a n c e 

n o t e 

0 4 . 1 1 . 8 1 . 



0 6 . 1 1 . 8 1 . 


n o t e s 

1 3 . 1 1 . 8 1 . 


n o t e s 

1 7 . 1 1 . 81 

C o p y L e t t e r F o u r t h D e f e n d a n t s t o SYCC 

1 4 . 1 2 . 81 

L e t t e r SYC C t o F o u r t h D e f e n d a n t s 

2 0 . 0 1 . 82 

C o p y L e t t e r F o u r t h D e f e n d a n t s t o SYC C 

2 6 . 0 1 . 82 

N o t e o f M e e t i n g h e l d a t H i l l s b o r o u g h 

( 3 p a g e s ) 

0 4 . 0 2 . 82 



1 2 . 0 7 . 82 



2 1 . 0 7 . 82 


D e p a r t m e n t o f P l a n n i n g a n d D e s i g n , 

SYC C 

29. 06. 83

9: 

4 6 . 


( 3 p a g e s ) 2 3 . 0 1 . 85 

4 7 . 


D e f e n d a n t s 2 2 . 0 2 . 8 5 

4 8 . 

F o u r t h D e f e n d a n t s ' s k e t c h o f l a y o u t 

o f L e p p i n g s L a n e U n d a t e d . 

4 9 . 

F o u r t h D e f e n d a n t s ' s k e t c h o f l a y o u t 

o f L e p p i n g s L a n e w i t h m a n u s c r i p t 

a n n o t a t i o n s U n d a t e d . 

5 0 . 

F o u r t h D e f e n d a n t s ' 

d r a w i n g No 

6 7 0 5 /1 U n d a t e d . 

5 1 . 


6 7 0 1 /1 w i t h m a n u s c r i p t 

a n n o t a t i o n s v U n d a t e d . 

5 2 . F o u r t h D e f e n d a n t s ' 

d r a w i n g 

No 

6 7 0 5 /2 

0 0 . 0 3 . 85 

5 3 . F o u r t h D e f e n d a n t s ' d r a w i n g No 

6 7 0 5 /2 w i t h m a n u s c r i p t 

a n n o t a t i o n s 0 0 . 0 3 . 85 

5 4 . C o p y l e t t e r F o u r t h 

D e f e n d a n t s ' 

t o 


0 2 . 0 4 . 8 5 

5 5 . F o u r t h D e f e n d a n t s ' d r a w i n g No 6 7 0 5 /2 00. 04. 85 

56. C o p y L e t t e r F o u r t h D e f e n d a n t s t o SYC C 0 9 . 0 4 . 8 5 

5 7 . F o u r t h D e f e n d a n t s ' d r a w i n g No 6 7 0 5 /2 00. 04. 85 

58. F o u r t h D e f e n d a n t s ' 

t e l e p h o n e 

a t t e n d a n c e 

n o t e 

1 2 . 0 4 . 85 




n o t e 

17 . 0 4 . 8 5 

6 0 . C o p y L e t t e r F o u r t h 



t o 

1 9 . 0 4 . 85 

6 1 . - F o u r t h D e f e n d a n t s ' d r a w i n g No 6 7 0 5 /3 19. 04. 85 

62. F o u r t h D e f e n d a n t s ' 



n o t e 

2 0 . 0 4 . 85 




n o t e s 

2 5 . 0 5 . 8 5 

6 4 . C o p y l e t t e r F o u r t h 



t o 

2 6. 0 4 . 8 5 

6 5 . F o u r t h D e f e n d a n t s ' d r a w i n g N o 6 7 0 5 /4 19. 04. 85 

- 5 -

« 

66. 


n o t e 0 1 . 0 5 . 8 5 

6 7 . 

68. 

C o p y l e t t e r F o u r t h D e f e n d a n t s t o 

S e c o n d D e f e n d a n t s 0 2 .0 5 . 85 


e n c l o s i n g F o u r t h D e f e n d a n t s ' d r a w i n g 

No 6 7 0 5 /2 02. 05. 85 

6 9 . 


n o t e s 0 7 . 0 5 . 8 5 

7 0 . 


S e c o n d D e f e n d a n t s 0 8 . 0 5 . 8 5 

7 1 . 


SYC C 0 8 . 0 5 . 8 5 

7 2 . 


D e f e n d a n t s 1 3 . 0 5 . 8 5 

7 3 . 



7 4 . 

L e t t e r SYCC t o F o u r t h D e f e n d a n t s 1 0 .0 5 . 85 

7 5 . 

F o u r t h D e f e n d a n t s t e l e p h o n e a t t e n d a n c e 

n o t e s 2 2 . 0 5 . 8 5 

7 6 . 

C o p y L e t t e r F o u r t h D e f e n d a n t s 

t o S e c o n d D e f e n d a n t s 0 4 . 0 6 . 85 

7 7 . 


6 7 0 5 /5 08. 06. 85 

7 8 . 

F o u r t h D e f e n d a n t s ' d r a w i n g N o 

6 7 0 5 /8 A 08. 06. 85 

7 9 . 

L e t t e r S e c o n d D e f e n d a n t s 

F o u r t h D e f e n d a n t s 1 2 . 0 6 . 8 5 

t o 

8 0 . 



8 1 . ' 


n o t e 1 7 . 0 6 . 8 5 

8 2 . 

L e t t e r SYCC t o F o u r t h D e f e n d a n t s ' 2 5 . 0 6 . 8 5 

8 3 . 


I n s p e c t o r C a l v e r t o f F i r s t D e f e n d a n t s 2 5 . 0 6 . 8 5 

8 4 . 


SYC C 2 6 . 0 6 . 8 5 

8 5 . 


- 6 -

# 

86. 

n o t e 


D i r e c t o r o f D e s i g n a n d B u i l d i n g 

S e r v i c e s SYCC e n c l o s i n g F o u r t h D e f e n d a n t s 

d r a w i n g N o 6 7 0 5 /1 a n d a p p l i c a t i o n f o r 

p l a n n i n g p e r m i s s i o n ( 4 p a g e s ) 

2 7 . 0 6 . 8 5 

/ 

0 5 . 0 7 . 8 5 

8 7 . 

88. 


D i r e c t o r o f D e s i g n a n d B u i l d i n g 

S e r v i c e s , S Y C C , e n c l o s i n g B u i l d i n g 

R e g u l a t i o n s ' C o n s e n t F o r m ( 2 p a g e s ) 



0 5 . 0 7 . 8 5 

0 8 . 0 7 . 8 5 

8 9 . 


1 8 . 0 7 . 85 

9 0 . 

9 1 . 

C o p y L e t t e r t o S Y C C 

r 

L e t t e r SYCC t o 


2 5 . 0 7 . 8 5 

3 0 . 0 7 . 8 5 

9 2 . 


S Y C C 

0 1 . 0 8 . 8 5 

93 . 

C o p y L e t t e r t o SYCC 

0 2 . 0 8 . 8 5 

9 4 . 


( 3 p a g e s ) 

0 7 . 0 8 . 85 

9 5 . 



1 5 . 0 8 . 8 5 

9 6 . 

F o u r t h D e f e n d a n t s ' u n n u m b e r e d d r a w i n g 

f o r a l t e r a t i o n s t o e x i s t i n g b a r r i e r s 

o n w e s t t e r r a c e 

1 5 . 0 8 . 8 5 

9 7 . 

C o p y S e c o n d D e f e n d a n t s ' memo - D J L o c k 

t o R C h e s t e r a n d r e p l y 

1 9 . 0 8 . 8 5 

9 8 . 

C o p y S e c o n d D e f e n d a n t s ' memo - R C h e s t e r 

t o ~|. 

2 6 . 0 8 . 8 5 

9 9 . 

100. ' 

101. 

102. 

C o p y L e t t e r F o u r t h D e f e n d a n t s ' t o 

C o r d e r o y & Co. 

N o t e o f m e e t i n g h e l d a t H i l l s b o r o u g h 

( 3 p a g e s ) 

F o u r t h D e f e n d a n t s ' t o 


F o u r t h D e f e n d a n t s ' n o t e o f m e e t i n g o f 

O f f i c e r W o r k i n g P a r t y o n 7 A u g u s t 

1986. 

2 6 . 0 9 . 8 5 

22. 01. 86 

1 4 . 0 7 . 8 6 

U n d a t e d . 

103. 



- 7 - 

01. 10. 86

« 

1 0 4 . F o u r t h D e f e n d a n t s ' t e l e p h o n e 


n o t e 

26. 02. 87 



n o t e 

02. 03. 87 

1 0 6. L e t t e r T h i r d D e f e n d a n t s t o 

S e c o n d D e f e n d a n t s e n c l o s i n g c o p y 

l e t t e r S o u t h Y o r k s h i r e C o u n t y 

F i r e S e r v i c e t o T h i r d D e f e n d a n t s 

d a t e d 1 8 . 2 . 8 7 (8 p a g e s ) 

22. 04. 87 



n o t e 

28. 04. 87 

1 0 8 . C o p y L e t t e r F o u r t h D e f e n d a n t s t o 

T h i r d D e f e n d a n t s e n c l o s i n g t w o 

s k e t c h e s o f p r o p o s e d g a t e r e l e a s e 

d e v i c e ( 3 p a g e s ) 

19. 08. 87 

1 0 9 . L e t t e r T h i r d D e f e n d a n t s t o 

F o u r t h 


15. 10. 87 


a t t e n d a n c e n o t e 


a t t e n d a n c e n o t e s 

22. 02. 88 

22. 02. 88 

23. 02. 88 

1 1 2 . C e r t i f i c a t e o f C a l i b r a t i o n 

15. 07. 88 

113. B a r r i e r T e s t i n g R e c o r d S h e e t s 

( 8 p a g e s ) 

19. 07. 88 

1 1 4 . C o p y L e t t e r F o u r t h D e f e n d a n t s t o 


02. 08. 88 

f b ^ F o u r t h D e f e n d a n t s ' d r a w i n g s 

1 1 5 . D r a w i n g N o 1 6 1 0 /6 4 E - 

P l a n o n W e s t a n d N o r t h W e s t 

T e r r a c e s s h o w i n g n e w n u m b e r s 

b a r r i e r n u m b e r f r o m J a n u a r y 

1980 

00. 01. 83 

1 1 6 .' D r a w i n g N o 6 7 0 5 /6 - 

D e t a i l s o f N e w C e n t r a l F e n c e o n 

W e s t T e r r a c e 

24. 04. 85 

1 1 7 . D r a w i n g N o 6 7 0 5 /1 7 - 

D e t a i l s o f N e w R a d i a l F e n c e o n 

W e s t F e n c e s 

118. D r a w i n g N o 8 9 4 5 / 1 A - 

G r o u n d l a y - o u t 1 9 8 7 

16. 04. 87 

119. D r a w i n g N o 1 1 4 2 4 /1 - 

- 8 -

* 

L a y - o u t o f f a c i l i t i e s a t 

L e p p i n g s L a n e E n d a s a t 

1 5 t h A p r i l 1989 

21. 04. 89 

120. D r a w i n g N o 1 1 4 2 4 /2 - 

P l a n o n W e s t a n d N o r t h W e s t 

T e r r a c e s s h o w i n g p o s i t i o n o f 

p e r i m e t e r g a t e s 

16. 05. 89 

121. D r a w i n g N o 1 1 4 2 4 / 3 - 

S e c t i o n t h r o u g h L e p p i n g s L a n e 

T e r r a c e a n d T u n n e l E n t r a n c e 

17. 05. 89 

1 2 2 . D r a w i n g N o 1 1 4 2 4 /6 - 

B a r r i e r a r r a n g e m e n t a s i n 1978 

U n d a t e d 

123. D r a w i n g N o 1 1 4 2 4 /7 - 

B a r r i e r a r r a n g e m e n t a t e n d o f 

1980 

2 0 . 0 6 . 8 9 

124. D r a w i n g N o 1 1 4 2 4 / 8 - 

B a r r i e r a r r a n g e m e n t a t e n d o f 

M a r c h 1989 

2 1 . 0 5 . 8 9 

2 . D o c u m e n t s r e c e i v e d d u r i n g t h e P u b l i c I n q u i r y 

C h a i r e d b v 

L o r d J u s t i c e T a v l o r 

125. 

T r a n s c r i p t o f E v i d e n c e . 

V a r i o u s 

126. 

C l o s i n g W 

t o t h e I n q u i r y . 

r i t t e n S u b m i s s i o n b y p a r t i e s 

V a r i o u s 

127. 

T h e I n q u i r y C o r e B u n d l e . 

V a r i o u s 

128. 

S e c o n d D e f e n d a n t s 1 

B u n d l e o f D o c u m e n t s 

f o r t h e I n q u i r y . 

V a r i o u s 

129. 

T h i r d 

D e f e n d a n t s ' 

B u n d l e o f D o c u m e n t s 

f o r t h e I n q u i r y . 

V a r i o u s 

130. 

V a r i o u s d o c u m e n t s r e c e i v e d f r o m t h e T r e a s u r y 

S o l i c i t o r s ' D e p a r t m e n t d u r i n g t h e c o u r s e 

o f t h e I n q u i r y . V a r i o u s . 

3. Fourth Defendants/ Documents in their Fees Files 

131. L e t t e r H u s b a n d & C o t o S e c o n d 


2 3 . 1 2 . 7 8 

132. C o p y L e t t e r F o u r t h D e f e n d a n t s t o 


1 0 . 0 1 . 7 9 



0 2 . 0 5 . 7 9 



2 5 . 0 7 . 7 9 

- 9 -

* 

Second Defendants 25. 07. 79 

135. 

C o p y F o u r t h D e f e n d a n t s ' I n v o i c e 

N o 1610 25. 07. 79 

136. 



137. 



138. 

F o u r t h D e f e n d a n t s ' F i n a n c i a l S t a t e m e n t 

o f C o s t o f W o r k s r e q u i r e d i n 

c o n n e c t i o n w i t h t h e C e r t i f i c a t e o f 

G r o u n d S a f e t y 3 0 . 0 1 . 8 0 

139. 

F o u r t h D e f e n d a n t s ' N o t e o n 

a d d i t i o n a l s e r v i c e s n o t a s s o c i a t e d 

w i t h c o n s t r u c t i o n c o s ts 30. 01. 80 

140. 


S e c o n d D e f e n d a n t s • 0 2 . 0 4 . 80 

141. 


N o 1610 2 2 . 0 7 . 8 0 

142. 



14 3. 


N o 2 4 02 01. 1 2 . 80 

144. 


N o 2419 0 1 . 12. 80 

145. 


N o 3008 30. 1 2 . 81 

146. 


N o . 3039 30. 12. 81 

147. 


N o 3113 31. 12. 81 

148. 


N o 3391 30. 12. 81 

149. 


N o 3443 30. 12. 81 

150. 


N o 3465 30. 1 2 . 81 

151. 


N o 3465 30. 12. 81 

- 10 -

152. 


N o 3540 30. 1 2 . 81 

153. 



154. 


N o 3971 08. 1 2 . 82 

155. 

C o p y F o u r t h D e f e n d a n t s ' I n v o i c e s 2 6 . 0 4 . 8 2 

N o 3563 an d 3911 a n d 31. 1 2 . 82 

156. 


N o 4699 17. 06. 83 

157. 


N o 4644 28. 02. 84 

158. 

C o p y F o u r t h D e f e n d a n t s I n v o i c e 

N o 4644 28. 02. 84 

159. 

C o p y F o u r t h D e f e n d a n t s I n v o i c e 

N o 46 44 28. 02. 84 

160. 



161. 


N o 5735 1 2 . 1 0 . 84 

162. 


N o 5605 22. 01. 85 

163. 


N o 5735 22. 01. 85 

164. 


N o 5840 22. 01. 85 

165. 


N o 6648 1 6 . 07. 85 

166. 


N o 6705 1 6 . 07. 85 

167. 

C o p y F o u r t h D e f e n d a n t s ' I n t e r n a l 

M em o 1 1 . 1 1 . 8 5 

168. 


N o 6517 09. 1 2 . 85 

169. 

C o p y F o u r t h D e f e n d a n t s ' C r e d i t 

N o t e N o 6517 09. 1 2 . 85 

170. 


N o 7050 0 9 . 1 2 . 85 

171. 

C o p y F o u r t h D e f e n d a n t s ' C r e d i t 

- 11 -

172. 

Note No 7050 09. 12. 85 

C o p y . F o u r t h D e f e n d a n t s ' I n v o i c e 

N o 6648 02. 01. 86 

173. 


N o 6705 02. 01. 86 

174. 


N o 6804 02. 01. 86 

175. 


N o 6955 02. 01. 86 

176. 

111. 


N o 7074 02. 01. 86 


N o 6648 17. 02. 86 

178. 

C o p y L e t t e r s F o u r t h D e f e n d a n t s t o 1 0 . 0 9 . 8 5 

S e c o n d D e f e n d a n t s a n d 0 8 . 0 5 . 8 6 

179. 


N o 6648 09. 05. 86 

180. 


N o 6648 30. 10. 86 

181. 


N o 6804 31. 1 0 . 86 

182. 


N o 7873 31. 1 0 . 86 

183. 


N o 6705 20. 1 1 . 86 

184. 


N o 8334 01. 01. 87 

185. 



186. 

187. 

I 

F o u r t h D e f e n d a n t s ' T e l e p h o n e 

A t t e n d a n c e N o t e 0 3 . 0 2 . 8 7 


N o 7672 03. 02. 87 

188. 


N o 7347 03. 02. 87 

189. 

L e t t e r S e c o n d D e f e n d a n t s t o 

F o u r t h D e f e n d a n t s 1 0 . 0 4 . 8 7 

190. 


N o 7593 02. 07. 87 

- 12 -

191. 


N o 8732 02. 07. 87 

192. 


N o 8678 07. 07. 87 

193. 


N o 8678 07. 07. 87 

194. 


N o 7771 1 0 . 07. 87 

195. 


N o 8658 15. 07. 87 

196. 


N o 8678 05. 10. 87 

197. 


N o 8678 05. 10. 87 

198. 



199. 

200. 


N o 9305 06. 10. 87 


N o 8722 29. 1 0 . 87 

201. 

202. 


N o 8945 04. 01. 88 


N o 9693 01. 03. 88 

203. 


N o 10481 12. 10. 88 

204. 


N o 7593 06. 1 2 . 88 

205. 

C o p y L e t t e r F o u r t h D e f e n d a n t s 

t o S e c o n d D e f e n d a n t s 1 9 . 1 2 . 8 8 

206. ' 


N o 9648 19. 12. 88 

207. 

C o p y F o u r t h D e f e n d a n t s ' C r e d i t N o t e 

N o 96 48 1 5 . 08. 89 

208. 


N o 10889 26. 10. 89 

- 13 -

4. Original Files in Fourth Defendants' Possession 

209. 2 2 0 9 B a r r i e r T e s t i n g a t H i l l s b o r o u g h 0 2 . 0 7 . 7 9 

210. 23 87 S h e f f i e l d W e d n e s d a y F o o t b a l l C l u b 

( " S W F C ) - P o l i c e R o o m 3 0 . 0 1 . 8 0 

211. 2401 SW FC - R e w i r i n g o f 

S o u t h S t a n d 0 6 . 0 2 . 8 0 

212. 24 02 SW FC I . E . E . C e r t i f i c a t e T e s t s 0 6 . 0 2 . 8 0 

213. 3008 SW FC I n s p e c t i o n o f S o u t h S t a n d 

R o o f 0 3 . 1 2 . 8 0 

214. 3030 SW FC G u a r d R a i l 

& R e t a i n i n g W a l l 1 6 . 1 2 . 8 0 

215. 3039 SW FC C r a c k s i n N. W. S t a n d 1 8 . 1 2 .8 0 

216. 3106 SW FC I n s p e c t i o n . 2 6 . 0 1 . 8 1 

217. 3443 SW FC R e p o r t o n B o x e s 2 3 . 0 6 . 8 1 

218. 3540 SW FC P r o p o s e d r o o f o v e r S p i o n 

K o p 0 4 . 0 8 . 8 1 

219. 3 646 SW FC B o x e s a n d A c c o m m o d a t i o n i n 

SW C o r n e r 2 4 . 0 9 . 8 1 

220. 4 699 SW FC S t e e l w o r k f o r S c o r e a n d 

M e s s a g e B o a r d 0 1 . 0 2 . 8 3 

221. 5 0 44 SW FC S u p p o r t S t r u c t u r e f o r s i g n 

o n P e n i s t o n e R o a d 1 8 . 0 7 . 8 3 

222. 5470 SW FC P o s s i b l e c o v e r t o S p i o n 

K o p 0 9 . 0 1 . 8 4 

22 3. 57 3 5 SW FC S t r u c t u r a l w o r k f o r n e w 

r e c e p t i o n a r e a 1 0 . 0 4 . 8 4 

224. 6638 SW FC R o o f o f N o r t h S t a n d 1 1 . 0 2 . 8 5 

225. 6648 SW FC S p i o n K o p R o o f 1 3 . 0 2 . 8 5 

I 

226. 6 6 89 P o s s i b l e B o x e d i n S o u t h S t a n d 2 7 . 0 2 . 8 5 

227. 6804 SW FC P a i n t i n g N o r t h S t a n d 2 7 . 0 3 . 8 5 

228. 6955 SW FC F i r e P r o t e c t i o n o f 

S o u t h S t a n d 2 0 . 0 5 . 8 5 

229. 7 0 74 SW FC S i t e S u p e r v i s i o n 1 7 .0 6 . 85 

2 30. 7 1 17 SW FC E n l a r g e d S o u t h S t a n d 

R o o f 2 6 . 0 6 . 8 5 

- 14 -

231. 

7290 SW FC S t a i r w a y l e a d i n g t o 

H i l l s b o r o u g h T a v e r n 

22. 08. 85 

232. 

7430 SW FC Y o r k s h i r e T e l e v i s i o n 

C a m e r a 

f a c i l i t i e s 

04. 10. 85 

233. 

7 5 9 3 SW FC A d d i t i o n a l a c c e s s 

f a c i l i t i e s 

a n d c a r p a r k 

0 2 . 1 2 . 8 5 

234. 

7771 SW FC F a c i l i t i e s f o r d i s a b l e d 

0 3 . 0 3 . 8 6 

235. 

7842 SW FC C o v e r o f d i s a b l e d p e r s o n s 

2 4 . 0 2 . 8 6 

236. 

7 8 7 3 SW FC S i t e S u p e r v i s i o n N e w R o o f t o 

S p i o n 

K o p 

1 0 . 0 3 . 8 

237. 

7960 SW FC N o r t h S t a n d R o o f 

1 5 . 0 4 . 8 6 

238. 

8 0 2 6 SW FC S u r v e y o f S t a n d ' s P u b l i c 

H o u s e 

0 9 . 0 5 . 8 6 

239. 

8155 SW FC T u r n s t i l e s L e p p i n g s L a n e 

2 5 . 0 6 . 8 6 

240. 

8 6 7 8 SW FC R e - r o o f i n g N o r t h S t a n d 

1 2 . 1 2 . 8 6 

241. 

8 7 3 2 SW FC R e p a i r s t o S t a n d ' s P u b l i c 

H o u s e 

0 7 . 0 1 . 8 7 

242. 

8960 SW FC S a t e l l i t e T V S c r e e n 

1 8 . 0 3 . 8 7 

243. 

9070 SW FC S t a i r c a s e t o H i l l s b o r o u g h 

T a v e r n 

2 8 . 0 4 . 8 7 

244. 

9152 S i t e S u p e r v i s i o n o f N o r t h S t a n d 

R o o f 

2 1 . 0 5 . 8 7 

245. 

9512 SW FC S u p p o r t s f o r F r i d g e 

2 2 . 0 9 . 8 7 

246. 

9648 SW FC N o r t h S t a n d - f a c i l i t i e s 

f o r d i s a b l e d 

3 0 . 1 0 . 8 7 

247. 

9693 SW FC A c c i d e n t o n P e n i s t o n e R o a d 

1 4 . 1 1 . 8 7 

248. 

10046 SW FC E x e c u t i v e b o x e s o n N o r t h 

W e s t 

T e r r a c e 

1 0 . 0 3 . 8 8 

249. 

10134 SW FC P r o p o s e d S o u t h S t a n d R o o f 

1 0 . 0 4 . 8 8 

250. 

10889 SW FC T o i l e t F a c i l i t i e s - S o u t h 

S t a n d 

3 1 . 1 0 . 8 8 

251. 

C o r r e s p o n d e n c e 

p a s s i n g b e t w e e n a n d 

c o m m o n t o s o l i c i t o r s t o t h e p a r t i e s . 

V a r i o u s 

252. 

P l e a d i n g s a n d O r d e r s . 

V a r i o u s 

- 15 -

SCHEDULE 1 - PART 2 

Description of Document 

Ba.ta 

I n s t r u c t i o n s t o C o u n s e l , h i s O p i n i o n s 

t h e r e o n a n d r e s p e c t i v e d r a f t s t h e r e o f , 

c o r r e s p o n d e n c e p a s s i n g b e t w e e n 

F o u r t h D e f e n d a n t s t h e i r 

s o l i c i t o r s , t h e i r a g e n t s a n d w i t n e s s e s , 

m e m o r a n d a a n d d o c u m e n t s o f 

c o n f i d e n t i a l n a t u r e w r i t t e n p r e p a r e d o r 

o b t a i n e d b e f o r e t h e c o m m e n c e m e n t o f t h e s e 

p r o c e e d i n g s a n d i n v i e w t h e r e o f . T h e 

l i k e c o r r e s p o n d e n c e , m e m o r a n d a a n d d o c u m e n t s 

p r e p a r e d c o m m e n c e d f o r s i m i l a r p u r p o s e . V a r i o u s 

S C H E D U L E 2 

N o D e s c r i p t i o n o f D o c u m e n t D a t e 

1. O r i g i n a l F o u r t h D e f e n d a n t s ' f i l e s , 

r e t a i n e d b y W e s t M i d l a n d s P o l i c e f o r 

t h e p u r p o s e s o f t h e i r i n v e s t i g a t i o n i n t o 

t h e H i l l s b o r o u g h D i s a s t e r 

a . 1610 SW FC G e n e r a l S a f e t y C e r t i f i c a t e 2 7 . 1 0 . 7 8 

b . 2419 SW FC A n n u a l I n s p e c t i o n s 1 2 . 0 2 . 8 0 

c. 3113 SW FC G r o u n d S a f e t y W o r k d u r i n g 1981 30. 01. 81 

d. 3391 

L a n e 

SW FC 

E n d 

I n c r e a s e d S t a n d i n g A r e a 

L e p p i n g s 

2 8 . 0 5 . 8 1 

e . 3465 SW FC B a r r i e r T e s t i n g 1981 01. 07. 81 

f. 3563 SW FC R a d i a l F e n c e s a n d T u r n s t i l e s a t 

L e p p i n g s L a n e 1 3 . 0 8 . 8 1 

g- 3911 SW FC S a f e t y C e r t i f i c a t e 1982 05 . 02. 82 

h. 3971 SW FC S o u t h S t a n d C a m e r a P l a t f o r m 0 3 . 0 3 . 8 2 

i . 

I 

4585 SW FC T V T o w e r o n S p i o n K o p U n d a t e d 

j - 4586 SW FC C a m e r a A c c e s s S o u t h S t a n d U n d a t e d 

k . 4644 SW FC S a f e t y W o r k d u r i n g 1 9 8 3 U n d a t e d 

1 . 5605 SW FC G r o u n d S a f e t y 1984 01. 03. 84 

m. 5840 SW FC B a r r i e r T e s t i n g 1984 23. 05. 84 

n. 6517 SW FC G r o u n d S a f e t y W o r k d u r i n g 1985 0 8 . 0 1 . 8 5 

o. 6705 SW FC N e w T u r n s t i l e s a t L e p p i n g s L a n e 0 1 . 0 3 . 8 5 

- 16 -

a %■ 

p. 7050 SWFC 1985 Barrier Tests 11.06.85 

q . 7374 SW FC E m e r g e n c y L i g h t i n g 1 1 . 0 9 . 8 5 

r. 7672 SW FC G r o u n d S a f e t y 1986 0 3 . 0 1 . 8 6 

s. 8334 SW FC B a r r i e r T e s t i n g 1986 0 2 . 0 7 . 8 6 

t . 8658 SW FC R e p o r t o n f a c i l i t i e s f o r 

d i s a b l e d a t L e p p i n g s L a n e E n d 0 1 . 1 2 . 8 6 

u . 8722 SW FC S a f e t y W o r k 1987 0 5 . 0 1 . 8 7 

v. 8945 SW FC A n t i - H o o l i g a n i s m r e q u i r e m e n t s 1 3 . 0 3 . 8 7 

w. 9305 SW FC B a r r i e r T e s t i n g 1987 1 4 . 0 7 . 8 7 

x. 9854 SW FC G r o u n d S a f e t y W o r k 1988 1 2 . 0 1 . 8 8 

y. 10481 SW FC B a r r i e r T e s t i n g 1988 0 8 . 0 7 . 8 8 

z. 11237 SW FC S a f e t y C e r t i f i c a t e W o r k 1989 1 5 . 0 2 . 8 9 

2 O r i g i n a l s o f l e t t e r s w r i t t e n b y t h e 


a n d / o r t h e i r s o l i c i t o r s r e f e r r e d t o i n 

S c h e d u l e 1 P a r t 1 a s c o p i e s . V a r i o u s 

D a t e d t h i s / ? d a y o f A p r i l 1990. 

N O T IC E 

T O I N S P E C T 

■ r \ 

T a k e n o t i c e t h a t t h e d o c u m e n t s i n t h e a b o v e L i s t , o t h e r t h a n t h o s e 

l i s t e d i n S e c t i o n 4 o f P a r t 1 o f S c h e d u l e 1 , P a r t 2 o f S c h e d u l e 1 

a n d S c h e d u l e 2 m a y b e i n s p e c t e d a t t h e o f f i c e s o f t h e s o l i c i t o r s o f 

t h e a b o v e - n a m e d D e f e n d a n t s a t C h i c h e s t e r H o u s e , 2 7 8 / 2 82 . H i g h 

H o l b o r n , L o n d o n , W C 1 V 7 H A , b y a r r a n g e m e n t d u r i n g u s u a l o f f i c e 

h o u r s . T h e f i l e s l i s t e d i n S e c t i o n 4 , P a r t 1 o f S c h e d u l e 1 m a y b e 

i n s p e c t e d i n t h e p r e s e n c e o f t h e a b o v e - n a m e d D e f e n d a n t s ' s o l i c i t o r s 

a t t h e o f f i c e s o f t h e a b o v e - n a m e d D e f e n d a n t s a t S t A n d r e w s H o u s e , 

2 3 K i n g f i e l d R o a d , S h e f f i e l d , S l l 9 A S b y p r i o r a r r a n g e m e n t d u r i n g 

u s u a l o f f i c e h o u r s . 

T o t h e F i r s t a n d S e c o n d S e r v e d t h e / 7 d a y o f A p r i l 1990 

D e f e n d a n t s a n d t h e i r S o l i c i t o r s b y R e y n o l d s ' P o r t e r C h a m b e r l a i n 

o f C h i c h e s t e r H o u s e , 2 7 8 / 2 8 2 

H i g h H o i b o r n , L o n d o n W C 1 V 7 HA 

S o l i c i t o r s f o r t h e F o u r t h D e f e n d a n t s 

- 17 -

1989 C No 5925 

I J i _ g H E _ H I G H C O U R T O F J U S T I C E 

Q U E E N '.S B E N C H D I V I S I O N 




W ID O W A N D A D M I N I S T R A T R I X O F T H E 

R A Y M O N D T H O M A S 

E S T A T E O F 

C H A P M A N D E C E A S E D 

PIaintiff 

-and- 



P O L I C E 

( 2 ) S H E F F I E L D W E D N E S D A Y 

F O O T B A L L C L U B 

P L C 

■ ^ ) 

( 3 ) S H E F F I E L D C I T Y C O U N C I L 



( a f i r m ) 

and 

Defendants 



C L U B P L C 


and 

( C o n s u l t i n g 

E n g i n e e r s ) ( a f i r m ) 


L I S T O F D O C U M E N T S ) 

R e y n o l d s P o r t e r C h a m b e r l a i n 


2 7 8 /2 8 2 H i g h H o l b o r n 

L o n d o n W C 1 V 7 HA 

T e l 0 1 - 2 4 2 - 2 8 7 7 

R e f : J J W / P D N / D M F / E A S . 1 - 2 

S o l i c i t o r s f o r t h e F o u r t h 

D e f e n d a n t s


1 9 8 9 C N O . 5 9 2 5 

1 9 8 9 R N O . 7 0 3 9 



I N T H E M A T T E R O F T H E 

D I S A S T E R A T 

H IL L S B O R O U G H S T A D IU M 1 5 T H A P R I L 1 9 8 9 

A N D 

I N T H E M A T T E R O F T H I R D P A R T Y P R O C E E D IN G S 

I N C H A P M A N A N D R IM M E R 


C H I E F C O N S T A B L E O F S O U T H Y O R K S H IR E P O L I C E 


- a n d - 

S H E F F I E L D W E D N E S D A Y F O O T B A L L C L U B P L C 

F i r s t 

T h i r d P a r t y D e f e n d a n t 

- a n d - 



L I S T O F D O C U M E N T S 

T h e f o l l o w i n g i s a l i s t o f t h e d o c u m e n t s r e l a t i n g t o t h e 

m a t t e r s i n q u e s t i o n i n t h i s a c t i o n w h i c h a r e o r h a v e b e e n i n 

t h e p o s s e s s i o n , c u s t o d y o r p o w e r o f t h e a b o v e - n a m e d F i r s t 

T h i r d P a r t y D e f e n d a n t a n d w h i c h i s s e r v e d p u r s u a n t t o t h e 

O r d e r o f t h e C o u r t d a t e d 2 0 t h D e c e m b e r 1 9 8 9 a s a m e n d e d b y 

O r d e r d a t e d 6 t h M a r c h 1 9 9 0 . 

1 . T h e F i r s t T h i r d P a r t y h a v e h a d i n t h e i r p o s s e s s i o n ,

custody or power the documents r ela tin g to the matters in 

question in th is action enumerated in Schedule 1 hereto. 

2. The F irst Third Party Defendant object to produce 

the documents enumerated in Part 2 of the said Schedule 1 on 

the ground th at such documents are by th e ir nature p riv ileg ed 

documents. 

3. The F irst Third Party Defendant have had, but have 

not now in th e ir possession custody or power the documents 

r ela tin g to the matters in question in t h is action enumerated 

in Schedule 2 hereto. 

4. Of the documents in the said Schedule 2 those 

numbered in that Schedule were la s t in th e ir p ossession , 

custody or power on the dates when they were sent by ordinary 

pre-paid post to the addressees concerned on or about the date 

appearing on the document. 

5. Neither the F ir st Third Party Defendant nor th e ir 

S o lic ito r s nor any other person on th e ir behalf have now, or 

ever had, in th e ir possession custody or power any document o f 

any d escrip tion whatever r ela tin g to any matter in question in 

th is a ction , other than the documents enumerated in Schedules 

1 and 2 hereto. 

SCHEDULE 1 - PART I . 

DESCRIPTION OF DOCUMENT DATE PAGE 

Section 1A - Clubs' Safety Documents 

Section 1979 - April 1989 

1. L etter from South Yorkshire County 

Council ( "SYCC") to F ir st Third 

Party Defendants ("SWFC”) with 

enclosures 20/07/78 1-3 

2. L etter from The Home O ffice to SWFC 

Ltd with enclosures 23/08/78 4-13 

- 2 -

3. Copy Letter from The Home Office to 

the Chief Executive of the County 

Council and the Director General 

of the Greater London Council. 23/08/78 

14-15 

4. Application for Safety Certificate by 

SWFC 8/9/78 16-19 

5. L etter from SYCC to SWFC 13/09/78 20 

6. Copy le t t e r SWFC to Eastwood 

& Partners 25/10/78 21 

7. L etter Eastwood & Partners to SWFC 27/10/78 22 

8. Copy le t t e r SWFC to Eastwood & 

Partners 27/10/78 23 

9. L etter Eastwood & Partners to SWFC 06/11/78 24-25 

10. Copy L etter Eastwood & Partners 

to Whitehead Hucklow Engineering Co 

Ltd enclosing l i s t of drawings 06/11/78 26-27 


12. L etter Chief Executive SYCC to 

SWFC 30/11/78 29 

13. Copy le t t e r SWFC to SYCC 01/12/78 30 


15. Copy le t t e r SWFC to Eastwood & 

Partners 

01/12/78 32 

16. L etter SYCC to SWFC enclosing 

copy approved draft General Safety 

C e r tific a te , with Schedules 08/12/78 33-43 

17. Notes of meeting between O fficer 

Working Party and SWFC 13/12/78 44-46 

18. Report of Eastwood & Partners on 

Ground Capacity Jan 1979 47-58 

19. Note of meeting between O fficer 


20. Copy Eastwood & Partners notes of 

meeting on 11th April 1979 at 

Hillsborough 

13/04/79 64-66 

21. Note of meeting between O fficer 


22. L etter SYCC to SWFC 21/12/79 71-72 

- 3 -

23. 

24. 

25. 

Copy le t t e r from Eastwood & Partners 

to SYCC 

Copy L etter SYCC to Eastwood & 

Partners 

L etter SYCC to SWFC 

15/07/80 73-74 

18/07/80 75 

30/07/80 76 

26. 

L etter Eastwood & Partners to SWFC 

12/08/80 

77 

27. 


22/08/80 

78 

28. 

Copy le tte r SWFC to SYCC 

16/09/80 

79 

29. 


with enclosures 

11/09/80 

80-92 

30. 

L etter SYCC to SWFC 

07/11/80 

93 

31. 

Copy le t t e r SWFC to SYCC 

11/11/80 

94-95 

32. 

Copy le t t e r SWFC to SYCC with 

enclosures 

17/11/80 

96-99 

33. 

Quotation from John Glossop Ltd 

SWFC for repair work 

17/12/80 

100 

34. 

Copy le t t e r Eastwood & Partners 

to City Building Surveyor 

19/12/80 

101-102 

35. 

36. 

r " 37. 

38. 

39. 

40. 

41. 

42. 

43. 

44. 

Copy L etter Eastwood & Partners 

to SYCC 

19/12/80 

Eastwood & Partners report on 

Inspection of Roof for part of South 

Stand Jan 1981 

L etter from V.A. Crookes (Contracts) 

Ltd to Eastwood & Partners enclosing 

quotation 08/01/81 

L etter Chief Executive SYCC to SWFC 12/01/81 

L etter Eastwood & Partners to SWFC 14/01/81 

Copy le t t e r Eastwood & Partners to 

South Yorkshire County Fire Service 16/01/81 

L etter SYCC to SWFC 27/01/81 



Note of v i s i t to Hillsborough Stadium, 

SWFC and O fficer Working Party 10/02/81 

103 

104-108 

109-110 

111 

112 

113 

114 

115 

116 

117-119 

- 4 -

45. 

46. 

47. 

48. 

49. 

50. 

51. 

52. 

53. 

54. 

55. 

56. 

57. 

58. 

59. 

60. 

61. 

62. 

63. 

C o p y l e t t e r S W FC t o E a s t w o o d & 

Partners 13/02/81 120 

Copy letter SWFC to SYCC 16/02/81 121 

Note of visit to Hillsborough Stadium 

by SWFC and Officer Working Party 07/04/81 122-123 

Letter Eastwood & Partners to SWFC 

enclosing copy of notes re:Public 

Address System 10-04-81 124-127 

Copy letter Eastwood & Partners 

to Stadia Catering Services Ltd 13/04/81 128-129 

Letter Eastwood & Partners to SYCC 

with enclosed instruction sheet re: 

Public Address System 23/04/81 130-132 

Letter SYCC to SWFC 22/5/81 133 

Note of visit to Hillsborough Stadium 

S W FC a n d O f f i c e r W o r k i n g P a r t y 08/06/81 134-135 

L e t t e r E a s t w o o d & P a r t n e r s t o 

S h e f f i e l d D e p a r t m e n t o f 

P l a n n i n g a n d 

D e s i g n 18/06/81 136-137 

C o p y l e t t e r E a s t w o o d & P a r t n e r s 

to SYCC 18/06/81 138-139 

Letter SYCC to Eastwood & Partners 20/08/81 140 


with copy enclosure letter Eastwood 

& Partners to SYCC (25th August 1981)25/08/81 141-142 

Letter SYCC to Eastwood & Partners 14/09/81 143-144 


with enclosures 13/10/81 145-149 

N o t e o f m e e t i n g a t H i l l s b o r o u g h S t a d i u m 

SWFC and Officer Working Party 04/03/82 150-152 

SWFC internal communication 08/02/82 153 


enclosing detailed repairs to 

concrete and copy brochure 20/08/82 154-163 

Notes of meeting held at Hillsborough 

Stadium on 24th August 1982 20/08/82 164-166 


- 5 -

64. 

65. 

66. 

67. 

6 8. 

69. 

70. 

71. 

72. 

73. 

74. 


Letter from Eastwood & Partners to 

SWFC 06/09/82 169 

Eastwood & Partners Certificate of 

Ground Safety 08/09/82 170-171 

Eastwood & Partners Remedial Work 

Recommendations 08/09/82 172 

Letter SYCC to SWFC 27/09/82 173-174 


Notes of meeting held at Hillsborough 

Stadium, SWFC and Officer Working 

Party 11/08/83 176-179 

Letter SYCC to SWFC 07/10/83 180-181 

Copy letter SWFC to SYCC 13/10/83 182 

Letter SYCC Fire Service Department 

to SWFC 31/10/83 183 


75. 

Note of meeting held at Hillsborough 

Stadium, SWFC and Officer Working 

Party 

29/02/84 185-186 

76. 

77. 

78. 

79. 

80. 

80a 

80b 

81. 


Pic with enclosed plan and copies 

of record sheets showing results of 

tests on barriers and fencing 25/07/84 187-198 


Meeting held at Hillsborough 

stadium, SWFC and Officer Working 

Party 09/08/84 200-202 


enclosing two plans 25/04/85 203-206 

Copy letter SWFC to Eastwood & 

Partners 13/05/85 207 

Invoice from Philip Alarms & CCTV 

Specialists 04/07/85 208 

Invoice from Philip Alarms & CCTV 

Specialists 24/07/85 209 

Letter Eastwood & Partners to SWFC 20/09/85 210-211 

- 6 -

8 2 . 

Letter Selflock Ltd to SWFC with 

enclosures 

17/10/85 

2 1 2 - 2 1 8 

83. 

Copy letter SWFC to Selflock Ltd 

04/11/85 

219 

84. 

Letter SYCC to SWFC 

17/01/86 

220 

85. 

86. 

Pro forma letter from 

to 

all English and Welsh Football League 

Clubs 

undated 

Copy letter from SWFC to 

21/04/86 

221 

222 

87. 

Copy letter from SWFC to Eastwood & 

Partners 

21/04/86 

223 

88. 


22/04/86 

224-225 

89. 

Letter from Home Office re Fire 

Safety and Safety at Sports 

Venues dated 26/06/86 

26/06/86 

226-278 

90. 

Letter from Sheffield City Council 

("SCC") to SWFC 

08/07/86 

279 

91. 

Letter from Eastwood & Partners to 

SWFC 

14/07/86 

280-281 

92. 


Partners 

17/07/86 

282 

93. 

Letter Eastwood & Partners to 

SWFC 

22/07/86 

283 

94. 

Letter SCC to SWFC 

30/07/86 

284-285 

95. 


30/07/86 

286 

96. 

Copy letter SWFC to SCC 

01/08/86 

287 

97. 


14/08/86 

288-289 

98. 


SWFC enclosing Drawing No. 6648/140 18/08/86 

290-291 

99. 

100. 

101. 

102. 

102a 


SWFC 


Partners 



Partners 

Invoice from IGS Security Ltd to 

26/08/86 292 

27/08/86 293 

27/08/86 294-295 

0 3 / 0 9 / 8 6 296 

- 7 -

SWFC 

05/09/86 

297 

1 0 3 . L e t t e r E a s t w o o d & P a r t n e r s t o 

S W FC 

1 0 / 0 9 / 8 6 

2 9 8 - 2 9 9 

1 0 4 . C o p y l e t t e r S W FC t o E a s t w o o d & 

P a r t n e r s 

1 6 / 0 9 / 8 6 

300 

1 0 5 . C o p y l e t t e r E a s t w o o d & P a r t n e r s t o 

S C C 

2 5 / 0 9 / 8 6 

301 


S W FC e n c l o s i n g B a r r i e r t e s t i n g 

r e c o r d s h e e t s d a t e d S e p t e m b e r 1 9 8 6 

a n d d r a w i n g n u m b e r 8 3 3 4 / 1 d a t e d 

1 5 / 0 9 / 8 6 

3 0 / 0 9 / 8 6 

3 0 2 - 3 1 5 

1 0 7 . L e t t e r E a s t w o o d & P a r t n e r s t o S W FC 

w i t h e n c l o s u r e 

01/ 10/86 

3 1 6 - 3 1 7 

1 0 8 . C o p y l e t t e r S C C t o E a s t w o o d & 


2 3 / 1 0 / 8 6 

3 1 8 - 3 1 9 


S C C 

1 9 / 1 2 / 8 6 

3 2 0 - 3 2 7 

S W FC 

1 1 1 . L e t t e r E a s t w o o d & P a r t n e r s t o SW FC 

0 9 / 0 1 / 8 7 3 2 9 - 3 3 0 

1 1 2 . L e t t e r V . A . C r o o k e s ( C o n t r a c t s ) L t d 

t o S W FC e n c l o s i n g e s t i m a t e s f o r R e p a i r s 

t o c r a c k e d b e a m s i n c a n t e l i v e r s t a n d 

d a t e d 2 0 / 0 1 / 8 7 2 0 / 0 1 / 8 7 3 3 1 - 3 3 2 

1 1 2 a L e t t e r E a s t w o o d & P a r t n e r s t o SW FC 

d a t e d 2 2 / 0 1 / 8 7 a n d D r a w i n g N o . 7 5 9 3 /2 

d a t e d 1 7 / 1 2 / 8 6 a n d D r a w i n g N o . 7 5 9 3 / l A 

d a t e d M a r c h 1 9 8 6 

2 2 / 0 1 / 8 7 3 3 3 - 3 3 6 

1 1 3 . L e t t e r V . A . C r o o k e s ( C o n t r a c t s ) L t d 

t o SW FC 

2 6 / 0 1 / 8 7 

337 


2 7 / 0 1 / 8 7 

3 3 8 - 3 3 9 


S W FC 

2 8 / 0 1 / 8 7 3 4 0 - 3 4 1 

1 1 6 . D e p a r t m e n t o f L a n d a n d P l a n n i n g 

B u i l d i n g S u r v e y o r s D i v i s i o n 

S W FC S t r u c t u r a l C o n d i t i o n o f t h e 

S o u t h S t a n d R e p o r t t o G e n e r a l 

P u r p o s e s P a n e l 

0 2 / 0 2 / 8 7 

3 4 2 - 3 4 4 


P a r t n e r s w i t h e n c l o s u r e 

09/02/87 

345-347 

- 8 -


e n c l o s i n g d r a f t O r d e r S W FC t o 

R e - M a s t i c L t d S h e f f i e l d , u n d a t e d 1 2 / 0 2 / 8 7 3 4 8 - 3 5 0 



120. 

121. 

122. 

C o p y l e t t e r S o u t h Y o r k s h i r e C o u n t y 

F i r e S e r v i c e t o S C C 

L e t t e r S C C t o S W FC 

e n c l o s i n g c o p y 

D r a w i n g i n d i c a t i n g a r r a n g e m e n t f o r 

s e c u r i n g s l i d i n g g a t e s , u n d a t e d 

C o p y l e t t e r t o E a s t w o d & P a r t n e r s 

f r o m S W FC w i t h e n c l o s u r e 

1 7 / 0 2 / 8 7 

1 8 / 0 2 / 8 7 

351 

3 5 2 - 3 5 7 

2 2 / 0 4 / 8 7 3 5 8 - 3 6 0 

0 7 / 0 5 / 8 7 3 6 1 - 3 6 2 

1 2 3 . 

L e t t e r f r o m t o SW FC 

U n d a t e d 

3 6 3 

124. 

125. 

L e t t e r f r o m E a s t w o o d & P a r t n e r s t o 

S W FC 

C o p y l e t t e r f r o m S W FC t o E a s t w o o d 

& P a r t n e r s 

1 9 / 0 3 / 8 7 3 6 4 - 3 6 5 

2 3 / 3 / 8 7 366 

126. 

C o p y l e t t e r s f r o m SW FC t o 

0 9 / 0 3 / 8 7 

2 3 / 3 / 8 7 

367 

368 

127. 

C o p y l e t t e r SW FC t o E a s t w o o d & 

P a r t n e r s e n c l o s i n g c o p y l e t t e r f r o m 

S o u t h Y o r k s h i r e C o u n t y F i r e S e r v i c e 

t o S W FC w i t h a t t a c h e d p l a n o f g r o u n d 

f l o o r 

2 7 / 0 5 / 8 7 

3 6 9 - 3 7 1 

128. 

C o p y 

l e t t e r S W FC t o 

2 9 / 0 5 / 8 7 

372 

129. 

L e t t e r E a s t w o o d & P a r t n e r s t o SW FC 

0 1 / 0 6 / 8 7 

3 7 3 - 3 7 4 

130. 



1 0 / 0 6 / 8 7 

375 

1 3 1 . 

C o p y l e t t e r E a s t w o o d & P a r t n e r s t o 

R . M . 

W a l k e r C o n s t r u c t i o n L t d 

1 7 / 0 7 / 8 7 

376 

1 3 2 . 


t o G e o r g e S h a w E n g i n e e r i n g 

( S h e f f i e l d ) L t d 

2 2 / 0 7 / 8 7 377 

1 3 3 . 


t o R . M . W a l k e r C o n s t r u c t i o n L t d 

S h e f f i e l d 

0 6 / 0 8 / 8 7 378 

1 3 4 . 

L e t t e r E a s t w o o d & P a r t n e r s t o S W FC 

e n c l o s i n g B a r r i e r T e s t i n g R e c o r d 

s h e e t s d a t e d 1 3 t h t o 1 6 t h J u l y 1 9 8 7 

a n d D r a w i n g N o . 8 3 3 4 /1 

18/08/87 379-392 

- 9 -

1 3 5 . C o p y l e t t e r E a s t w o o d & P a r t n e r s 

t o S C C w i t h e n c l o s u r e 1 2 / 1 0 / 8 7 3 9 3 - 3 9 4 

1 3 6 . L e t t e r S C C t o S W FC 1 5 / 1 0 / 8 7 395 

1 3 6 a L e t t e r f r o m E a s t w o o d & P a r t n e r s t o 

S W FC a n d e n c l o s u r e s 1 6 / 1 0 / 8 7 3 9 6 - 4 0 2 

1 3 7 . L e t t e r E a s t w o o d & P a r t n e r s t o S W FC 2 1 / 1 0 / 8 7 4 0 3 - 4 0 4 


e n c l o s i n g c o p y l e t t e r S C C t o 

E a s t w o o d & P a r t n e r s ( d a t e d 1 9 / 1 0 / 8 7 ) 2 2 / 1 0 / 8 7 4 0 5 - 4 0 6 

1 3 9 . C o p y l e t t e r S W FC t o S C C 2 3 / 1 0 / 8 7 407 


1 4 1 L e t t e r S C C t o S W FC w i t h e n c l o s e d 

l i s t o f c o m m e n t s r e t h e s a f e t y 

i n s p e c t i o n 0 4 / 1 2 / 8 7 4 1 0 - 4 1 2 


1 4 3 . C o p y l e t t e r SW FC t o E a s t w o o d & 

P a r t n e r s 0 4 / 0 1 / 8 8 415 

1 4 4 . L e t t e r S C C t o S W FC 0 8 / 0 1 / 8 8 416 


S C C w i t h e n c l o s e d D r a w i n g 

15/01/88 417-420 


w i t h e n c l o s u r e s 1 5 / 0 1 / 8 8 4 2 1 - 4 2 9 

1 4 7 . L e t t e r E a s t w o o d & P a r t n e r s t o S W FC 0 2 / 0 2 / 8 8 430 


e n c l o s i n g c o p y l e t t e r E a s t w o o d & 

P a r t n e r s t o S C C ( d a t e d 0 3 / 0 2 / 8 8 ) 

03/02/88 431-439 



1 5 0 . L e t t e r E a s t w o o d & P a r t n e r s t o S W FC 2 1 / 0 3 / 8 8 444 


P a r t n e r s 2 3 / 0 3 / 8 8 445 

1 5 2 . C o p y l e t t e r SW FC t o E a s t w o o d & 

P a r t n e r s 1 3 / 0 4 / 8 8 446 


S . G . S . I n s p e c t i o n S e r v i c e s L t d 1 8 / 0 4 / 8 8 4 4 7 - 4 4 8 

1 5 4 . C o p y l e t t e r SW FC t o M e s s r s H u s b a n d 

& C o 1 9 / 0 4 / 8 8 449 

- 10 -

15 5 . C o p y l e t t e r SW FC t o E a s t w o o d & P a r t n e r s 


1 5 6. 



1 5 7. L e t t e r E a s t w o o d & P a r t n e r s t o S W FC 2 2 / 0 4 / 8 8 4 7 5 - 4 7 6 

1 5 8 . L e t t e r S o u t h Y o r k s h i r e C o u n t y F i r e 

S e r v i c e t o SW FC 2 2 / 0 4 / 8 8 4 7 7 - 4 7 8 

1 5 9 . L e t t e r E a s t w o o d & P a r t n e r s t o S W F C 2 9 / 0 4 / 8 8 4 7 9 - 4 8 0 


e n c l o s i n g C e r t i f i c a t e o f C a l i b r a t i o n 0 4 / 0 5 / 8 8 4 8 1 - 4 8 4 


P a r t n e r s 0 6 / 0 5 / 8 8 485 


' e n c l o s i n g B a r r i e r T e s t i n g R e c o r d 

S h e e t s d a t e d 1 4 , 1 5 , 18 & 1 9 / 7 / 8 8 , 

D r a w i n g N o . 1 6 1 0 6 4 E d a t e d J a n u r y 

1 9 8 0 , a n d S h e f f i e l d T e s t i n g W o r k s 

L t d C e r t i f i c a t e o f C a l i b r a t i o n 

d a t e d 1 5 / 0 7 / 8 8 0 2 / 0 8 / 8 8 4 8 6 - 5 0 5 

1 6 2 a 

C o p y l e t t e r f r o m E a s t w o o d & 

P a r t n e r s t o S p e c i a l i s t W e l d i n g a n d 

E n g i n e e r i n g S e r v i c e s L t d 3 / 8 / 8 8 5 0 6 - 5 0 7 

1 6 3 . 


P a r t n e r s 0 4 / 0 8 / 8 8 50 8 

1 6 4 . 


e n c l o s i n g S c h e d u l e s o f S u m m a r i s e d 

P r i c e s f o r S W FC e l e c t r i c a l r e p a i r s 

a n d u p g r a d i n g 0 6 / 0 9 / 8 8 5 0 9 - 5 1 3 

1 6 5 , 

L e t t e r B o w n e s & C o L t d t o SW FC 0 9 / 0 9 / 8 8 5 1 4 - 5 1 5 

166, 


P a r t n e r s 1 4 / 0 9 / 8 8 5 1 6 

167, 

L e t t e r E a s t w o o d & P a r t n e r s t o S W FC 2 0 / 0 9 / 8 8 5 1 7 - 5 1 8 

168. 


P a r t n e r s 2 2 / 0 9 / 8 8 51 9 

169, 


P a r t n e r s e n c l o s i n g c o p y l e t t e r 

B o w n e s & C o L t d t o SW FC 

d a t e d 0 3 / 1 0 / 8 8 0 4 / 1 0 / 8 8 5 2 0 - 5 2 2 


- 11 -

171. Copy letter SWFC to Bownes & Co Ltd 10/10/88 525 

1 7 l a L e t t e r f r o m E a s t w o o d & P a r t n e r s t o 

SW FC 

1 2 / 1 0 / 8 8 526 

1 7 1 b L e t t e r f r o m E a s t w o o d & P a r t n e r s t o 

S W F C w i t h e n c l o s u r e 

2 1 / 1 2 / 8 8 5 2 7 - 5 2 8 

S e c t i o n I B : C l u b s S a f e t y D o c u m e n t s 

R e : A l t e r a t i o n s t o L e p p i n a s L a n e 

17 2. 

L e t t e r f r o m S o u t h Y o r k s h i r e 

P o l i c e t o SW FC e n c l o s i n g p l a n o f 

f o o t b a l l g r o u n d 0 4 / 0 2 / 8 5 5 2 9 - 5 3 0 

173. 


& P a r t n e r s 2 2 / 0 2 / 8 5 531 

17 4. 

L e t t e r f r o m E a s t w o o d & P a r t n e r s 

t o S W FC 0 2 / 0 4 / 8 5 532 

175. 


t o S W FC e n c l o s i n g p l a n t o S Y C C 0 9 / 0 4 / 8 5 5 3 3 - 5 3 5 

176. 


t o S W FC e n c l o s i n g p l a n s 1 9 / 0 4 / 8 5 5 3 6 - 5 4 3 

177. 


t o S W FC e n c l o s i n g p l a n s 2 6 / 0 4 / 8 5 5 4 4 - 5 4 5 

178. 


t o S W F C e n c l o s i n g p l a n s 0 2 / 0 5 / 8 5 5 4 6 - 5 5 0 

179. 

C o p y l e t t e r f r o m E a s t w o o d & 

P a r t n e r s t o M r V a u g h a n o f S Y C C 0 8 / 0 5 / 8 5 551 

180. 


t o S W FC e n c l o s i n g c o p y l e t t e r S Y C C 

t o E a s t w o o d & P a r t n e r s d a t e d 

0 2 / 0 5 / 8 5 0 8 / 0 5 / 8 5 5 5 2 - 5 5 5 

181. 


& P a r t n e r s 1 3 / 0 5 / 8 5 556 

182. 


S W F C e n c l o s i n g l e t t e r f r o m S Y C C d a t e d 

1 0 t h M a y 1 9 8 5 

1 4 / 0 5 / 8 5 5 5 7 - 5 5 8 

183, 


S W F C e n c l o s i n g d r a w i n g s N o s . 6 7 0 5 / 5 

t o 6 7 0 5 / 8 

0 4 / 0 6 / 8 5 

5 5 9 - 5 6 2 

184, 

C o p y l e t t e r f r o m S W FC t o E a s t w o o d & 


12/06/85 

563 

185, 


- 12 -

SWFC 17/06/85 564-565 

186. 

187. 

188. 

189. 

190. 

191. 

192. 

193. 

194. 

195. 

196. 

197. 

198. 

199. 

200. 

201. 

202. 

203. 

C o p y l e t t e r f r o m S W FC t o F o o t b a l l 

G r o u n d s I m p r o v e m e n t T r u s t 


S W FC w i t h e n c l o s u r e s 


S W FC w i t h e n c l o s u r e s 


S W FC 


S W FC 

C o p y l e t t e r f r o m S W F C t o F o o t b a l l 

G r o u n d s I m p r o v e m e n t T r u s t 

L e t t e r f r o m o f 

G l e e s o n ( S h e f f i e l d ) L t d t o SW FC 

e n c l o s i n g a n o r d e r t o G l e e s o n 

( S h e f f i e l d ) L t d f r o m S W F C f o r 

c o n s t r u c t i o n 


S W F C 


S W FC 


& P a r t n e r s 


t o S W FC 


t o S W FC 


t o S W FC 

P l a n n i n g p e r m i s s i o n f r o m C i t y o f 

S h e f f i e l d M e t r o p o l i t a n C o u n c i l 


t o S W FC w i t h e n c l o s u r e 


SW FC 


SW FC 


21/06/85 566 

16/07/85 567-571 

08/07/85 572-577 

12/07/85 578-579 

17/07/85 580-581 

24/07/85 582 

22/07/85 583-584 

24/07/85 585 

25/07/85 586 

30/07/85 587 

06/08/85 588 

06/08/85 589 

30/08/85 590-591 

29/08/85 592-594 

04/09/85 595-596 

06/09/85 597 

06/09/85 598 

- 13 -

G l e e s o n ( S h e f f i e l d ) L t d 0 6 / 0 9 / 8 5 599 

204. 

205. 

206. 

207 

208. 

209. 

210. 

211. 

212. 

L e t t e r f r o m M J G l e e s o n ( S h e f f i e l d ) 

L t d t o SW FC 1 0 / 0 9 / 8 5 600 

C o p y l e t t e r f r o m E a s t w o o d & P a r t n e r s 

t o C o r d e r o y & C o 2 6 / 0 9 / 8 5 6 0 1 - 6 0 2 

C o p y l e t t e r f r o m G l e e s o n t o SW FC 

e n c l o s i n g c o p y l e t t e r d a t e d 0 9 / 1 0 / 8 5 

f r o m E a s t w o o d & P a r t n e r s 1 1 / 1 0 / 8 5 6 0 3 - 6 0 5 


S W FC 0 9 / 1 0 / 8 5 606 


S W F C w i t h e n c l o s u r e 1 6 / 1 0 / 8 5 6 0 7 - 6 0 8 

C o p y l e t t e r f r o m E a s t w o o d & P a r t n e r s 

t o G l e e s o n ( S h e f f i e l d ) L t d e n c l o s i n g 

C e r t i f i c a t e o f S u b s t a n t i a l 

c o m p l e t i o n 0 2 / 1 0 / 8 5 6 0 9 - 6 1 0 

L e t t e r f r o m F o o t b a l l G r o u n d I m p r o v e m e n t 

T r u s t t o SW FC e n c l o s i n g t h e F o o t b a l l 

G r o u n d s I m p r o v e m e n t T r u s t S a f e t y 

G r a n t S c h e m e S a f e t y E x p e n d i t u r e 

G r a n t A p p l i c a t i o n 1 8 / 1 1 / 8 5 6 1 1 - 6 1 4 


t o S W FC 1 8 / 1 1 / 8 5 6 1 5 


t o S W FC 1 8 / 1 1 / 8 5 6 1 6 

2 1 3 . 

L e t t e r f r o m F o o t b a l l G r o u n d s 

I m p r o v e m e n t T r u s t t o S W F C w i t h 

e n c l o s u r e s 2 1 / 0 1 / 8 6 6 1 7 - 6 2 2 

2 1 4 . 


& P a r t n e r s 2 6 / 0 2 / 8 6 623 

2 1 5 . 


& P a r t n e r s 2 4 / 0 3 / 8 6 6 2 4 - 6 2 5 

2 1 6 . 

C o p y l e t t e r f r o m S W F C t o E a s t w o o d & 

P a r t n e r s 2 8 / 0 3 / 8 6 626 

2 1 7 . 

C o p y l e t t e r f r o m F o o t b a l l G r o u n d s 

I m p r o v e m e n t T r u s t t o S W FC 2 9 / 0 1 / 8 6 627 

2 1 8 . 

L e t t e r f r o m F o o t b a l l G r o u n d s 

I m p r o v e m e n t T r u s t t o S W FC 2 1 / 0 1 / 8 6 628 

2 1 9 . 

C o p y 

l e t t e r f r o m W o r t l e y C o n s t r u c t i o n 

L t d t o B e r t r a m & I l l i n g w o r t h L t d 2 2 / 0 5 / 8 7 6 2 9 - 6 3 1 

- 14 -

2 2 0 . C o p y l e t t e r f r o m B e r t r a m & I l l i n g w o r t h 

L t d t o W o r t l e y C o n s t r u c t i o n L t d 0 4 / 0 6 / 8 7 

632 

2 2 1 . C o p y l e t t e r f r o m W o r t l e y C o n s t r u c t i o n 

L t d t o B e r t r a m & I l l i n g w o r t h L t d 2 3 / 0 6 / 8 7 

633 

2 2 2 . I n v o i c e N o . 12 8 4 9 f r o m B e r t r a m & 

I l l i n g w o r t h L t d t o S W FC 3 1 / 0 7 / 8 7 

634 

S e c t i o n 2 - D r a w i n g s / P l a n s 

1 . D r a w i n g s p r e p a r e d b y R a l p h B r a d e & 

A s s o c i a t e s c o n s u l t i n g e n g i n e e r s , u p o n 

i n s t r u c t i o n s f r o m t h e H e a l t h a n d 

S a f e t y E x e c u t i v e ( d r a w i n g s n u m b e r s 

1 3 4 0 - 0 1 A , 1 3 4 0 /0 2 A , 1 3 4 0 /0 3 A , 

1 3 4 0 /0 4 A , 1 3 4 0 /0 5 A , 1 3 4 0 / 0 4 ) v a r i o u s 

2 . D r a w i n g s a t t a c h e d t o t h e S a f e t y a t 

S p o r t s G r o u n d A c t S a f e t y C e r t i f i c a t e 

o f 1979 ( d r a w i n g n u m b e r s 1 6 1 0 / 1 0 5 , 

1 6 1 0 /9 A , 1 6 1 0 / 1 0 2 , 1 6 1 0 /8 A , 1 6 1 0 /6 A , 

1 6 1 0 /4 A , 1 6 1 0 / 1 X F , 1 6 1 0 /2 X C , 

1 6 1 0 / 1 1 A ) v a r i o u s 

5 . E a s t w o o d & P a r t n e r s d r a w i n g n u m b e r 

8 9 4 5 / 1 ( g r o u n d l a y o u t 1 9 8 7 ) 1 6 / 4 / 8 7 

6 . E a s t w o o d & P a r t n e r s d r a w i n g ( p o s i t i o n 

o f t u r n s t i l e s 1 9 8 9 ) 1 / 6 / 8 9 

7 . H e a l t h & S a f e t y E x e c u t i v e d r a w i n g s 

n u m b e r 1 - 6 s u b m i t t e d t o t h e P u b l i c 

I n q u i r y 

v a r i o u s 

8 . W e s t M i d l a n d s P o l i c e b o d y i d e n t i f i c a t i o n 

p l a n s s h o w i n g l o c a t i o n s o f 

i d e n t i f i c a t i o n s f r o m v i d e o a n d 

p h o t o g r a p h i c m a t e r i a l ) 1 6 / 6 / 8 9 

2 2 / 6 / 8 9 

- 15 -

S e c t i o n 3 - S e m i - F i n a l A r r a n g e m e n t s 

1 . L e t t e r f r o m t h e F o o t b a l l A s s o c i a t i o n 

t o t h e C l u b 2 4 / 2 / 8 9 

2 . C o p y l e t t e r f r o m t h e C l u b t o t h e 

F o o t b a l l A s s o c i a t i o n 2 7 / 2 / 8 9 

3 . F o o t b a l l A s s o c i a t i o n d o c u m e n t e n t i t l e d 

" s e m i - f i n a l a r r a n g e m e n t s s e a s o n 

1 9 8 8 /1 9 8 9 " u n d a t e d 

4 . L e t t e r f r o m S o u t h Y o r k s h i r e T r a n s p o r t 

t o t h e C l u b 2 3 / 3 / 8 9 

5 . L e t t e r f r o m T h e A u t o m o b i l e A s s o c i a t i o n 

t o t h e C l u b 4 / 4 / 8 9 

6 . C o p y l e t t e r f r o m t h e C l u b t o A r m a g u a r d 

L t d 2 1 / 3 / 8 9 

7 . C o p y l e t t e r f r o m t h e C l u b t o S h e f f i e l d 

C i t y C o u n c i l 5 / 4 / 8 9 

8 . C l u b p l a n o f D i r e c t o r ' s b o x s p e c t a t o r 

a l l o c a t i o n 

u n d a t e d 

9 . G r a h a m M a c k r e l l ' s n o t e s o n t h e s p e c t a t o r 

a l l o c a t i o n i n t h e D i r e c t o r ' s b o x u n d a t e d 

1 0 . C l u b s u m m a r y o f m a t c h d a y s t a f f o n d u t y 

o n t h e 1 5 t h A p r i l 1989 u n d a t e d 

1 1 . S p e c t a t o r c o m p u t e r c o u n t p r i n t o u t f o r 

t h e S e m i - F i n a l o n 1 5 t h A p r i l 1989 u n d a t e d 

1 2 . L i v e r p o o l F o o t b a l l L e a g u e p r o g r a m m e 

- 16 -

f o r L i v e r p o o l v S h e f f i e l d W e d n e s d a y 

m a t c h h e l d o n S a t u r d a y 8 t h A p r i l u n d a t e d 

1 3 . T h e S e m i - F i n a l m a t c h p r o g r a m m e u n d a t e d 

1 4 . C l u b l i s t s o f s t e w a r d s a n d g a t e m e n w h o 

a t t e n d e d t h e S e m i - F i n a l m a t c h 

u n d a t e d 

1 5 . S t u a r t T h o r p e ' s ( C h i e f S t e w a r d f o r t h e 

W e s t s t a n d ) l i s t o f s t e w a r d s w h o a t t e n d e d 

t h e S e m i - F i n a l m a t c h r e c o r d o f 

t h e 

p a y m e n t s m a d e 

u n d a t e d 

1 6 . T h e s t e w a r d ' s t i c k e t s p r o v i d e d b y e a c h 

s t e w a r d u n d e r M r T h o r p e 

u n d a t e d 

1 7 . T u r n s t i l e o p e r a t o r ' s t i c k e t s f o r t h e 

L e p p i n g s L a n e e n d u n d a t e d 

1 8 . C l u b l i s t o f t i c k e t a l l o c a t i o n f o r t h e 

S e m i - F i n a l u n d a t e d . 

S e c t i o n 4 - S t J o h n s A m b u l a n c e B r i g a d e 

1 . C o p y l e t t e r f r o m t h e C l u b t o M r W e l l s o f 

S t J o h n A m b u l a n c e B r i g a d e 1 1 / 7 / 8 8 

2 . E x t r a c t f r o m F i r s t A i d E q u i p m e n t B o o k 

p r o v i d e d b y M r W e l l s t o t h e C l u b u n d a t e d 

3 . C o p y r e p o r t o f S t J o h n A m b u l a n c e 2 2 / 4 / 8 9 

B r i g a d e 

4 . L e t t e r f r o m S t J o h n A m b u l a n c e ' s 

B r i d g e S o l i c i t o r s t o t h e C l u b ' s 

S o l i c i t o r s 2 2 / 5 / 8 9 

- 17 -

Section 5 - Stewards 

1. C l u b d o c u m e n t e n t i t l e d " U s e a n d T r a i n i n g 

o f S t e w a r d s " u n d a t e d 

2 . C l u b d o c u m e n t e n t i t l e d " I n s t r u c t i o n s 

f o r M a t c h D a y S t a f f " 

u n d a t e d 

3 . C l u b s p e c i m e n S t e w a r d s B o o k l e t f o r 

1 9 8 8 /1 9 8 9 s e a s o n u n d a t e d 

4 . C l u b s p e c i m e n g a t e r e c e i p t s d o c k e t 

( u s e d b y t u r n s t i l e o p e r a t o r s ) u n d a t e d 

5 . L e t t e r f r o m t o R C h e s t e r 

o f t h e C l u b 2 5 . 6 . 8 6 

6 . M e m o r a n d u m o f t h e C l u b f r o m R C h e s t e r 

t o 2 6 . 6 . 8 6 

7 . C l u b m e m o r a n d u m f r o m M r R C h e s t e r o f 

t h e C l u b t o M r D L o c k 2 7 . 7 . 8 6 

8 . C l u b m e m o r a n d u m f r o m R C h e s t e r t o 

2 7 . 7 . 8 6 

9 . C o p y l e t t e r f r o m t h e C l u b t o D i v i s i o n a l 

O 

f f i c e r B i n n i n g t o n o f R i v e r l i n V a l l e y 

F i r e S t a t i o n 1 1 . 8 . 8 6 

1 0 . C l u b m e m o r a n d u m f r o m | t o 

a l l m a t c h d a y p e r s o n n e l 7 . 5 . 8 7 

11. G r a h a m M a c k r e l l ' s n o t e o f t h e m e e t i n g s 

h e l d f o r s t e w a r d s , g a t e m e n a n d o t h e r 

s t a f f i n A u g u s t 1 9 8 7 ( p r e p a r e d i n A p r i l / M a y 

1 9 8 9 ) u n d a t e d 

- 18 -

1 2 . C l u b m e m o r a n d u m f r o m 

t o 

a l l 

m a t c h d a y 

s t a f f 

2 9 / 4 / 8 8 


t o D 

L o c k a n d o t h e r s 

2 9 / 4 / 8 8 


t o a l l 

m a t c h d a y s t a f f 6 / 7 / 8 8 

15. G r a h a m M a c k r e l l ' s n o t e o f t h e m e e t i n g s 

h e l d i n 1 9 8 8 f o r s t e w a r d s , g a t e m e n a n d 

o t h e r s t a f f u n d a t e d 

V 

1 6 . C l u b ' s n o t e o f a t t e n d a n c e a t t h e 1987 

s t e w a r d s m e e t i n g s 

u n d a t e d 

1 7 . C l u b ' s n o t e o f a t t e n d a n c e a t t h e 1988 

s t e w a r d s m e e t i n g s 

u n d a t e d 

S e c t i o n 6 - C l u b ' s P h o t o g r a p h s / V i d e o s 

1 . P h o t o g r a p h s o f t h e 1988 S e m i - F i n a l 

t a k e n b y S t e p h e n E l l i s , P r e s s 

P h o t o g r a p h e r 

u n d a t e d 

2 . P h o t o g r a p h s o f t h e S e m i - F i n a l o n t h e 

1 5 t h A p r i l 1 9 8 9 t a k e n b y S t e p h e h E l l i s , 

P r e s s P h o t o g r a p h e r u n d a t e d 

3 . W e s t M i d l a n d s P o l i c e c o m p o s i t e v i d e o u n d a t e d 

4 . C l u b v i d e o o f t u r n s t i l e s A - G f r o m 2 . 5 0 

t o 3 . 3 0 p m u n d a t e d 

S e c t i o n 7 - C l u b A c c o u n t i n g R e c o r d s 

- 19 -

The Club Directors report on accounts 

for the year ended 31st May 1985 22/8/85 

1. 

2. The Club Directors report on accounts 


3. The Club Directors report on accounts 


4. The Club Director's report on accounts 


5. Relevant extracts from the Club's final 

accounts on amounts spent on ground 

improvements for the years ending 31st 

May 1986 to 31st May 1989 

undated 

6. Annual return of the Club 20/10/88 

7. Club summary of transfer fees for 

the period 1984 to 1989 29/6/89 

8. Club summary of amounts spent on ground 

improvements for the financial years 

ending 31st May 1986 to 31st May 1989 undated 

Section 8 Arrangements for Matches Prior to the Semi-Final 

1. Club memorandum from Mr R Chester to 

21/3/86 

2. Club match return for Coventry City v 

Leeds United FA Cup Semi-Final held 

on the 12th April 1987 29/4/87 

3. Club list showing numbers of spectators 

- 20 -

gaining entrance through the turnstiles 

for the Semi-Final held on the 12th 

April 1987 

undated 

4. A copy of South Yorkshire Police 

operations order for the Semi-Final 

held on the 12th April 1987 

undated 

5. Police operations order for the 

Sheffield Wednesday v Queens Park 

Rangers Football League match for 

Saturday 2nd May 1987 

undated 

6. Football Association document entitled 

"FA Cup Semi-Final arrangements 

1987-1988" 

undated 

7. Letter from the Football Association 

to the Club 5/2/88 

8. Copy letter from the Club to the 

Football Association 8/2/88 

9. Club match return for the Liverpool v 

Nottingham Forest Semi-Final held on 

9th April 1988 13/5/88 

LO. South Yorkshire Police bill for the 

Semi-Final held on 9th April 1988 14/4/88 

11. Club computer print out of spectators 

attending the Semi-Final held on the 9th 

April 1988 

undated 

12. Club summary of 1988 Semi-Final 

spectator count 

undated 

13. Agreement between South Yorkshire 

- 21 -

Police and the Chief Constable and 

the Club 10/8/88 

14. Club computer print out of spectators 

attending the Sheffield Wednesday v 

Manchester United Football League 

match held on Saturday 11th February 

1989 undated 

15. Club summary of spectator flows through 

turnstiles for the Manchester United 

Football League match held on 11th 

February 1989 13/2/89 

Section 9 - Football League/Local Plans 

1. Letter from the Football League Limited 

to the Club 5.3.87 

2. Football League local plan guide undated 

3. Copy letter from the Club to the 

Football League 6.5.87 

4. The Club local plan (enclosed with the 

letter of the 6th May 1987) 

undated 

5. Letter from the Football League to the 

Club 11.8.88 

6. Copy letter from the Club to the Football 

League 23.8.88 

Section 10 - Board Minutes 

- 22 -

1. The relevant board minutes concerning 

ground improvement/safety of the Club 

(the same board minutes as contained 

in the Club's documents submitted to 

the Public Inquiry) 

various 

Section 11 - Documents Received Purina Public Inquiry 

before Lord Justice Taylor 

1. Various documents received from the 

Treasury Solicitors Department during 

the course of the Inquiry including 

statements and other documents 

various 

2. Transcript of evidence various 

3. Closing written submission by parties 

to the Inquiry 

various 

4. The Public Inquiry Core bundle of 

documents relating to safety 

various 

5. South Yorkshire Police documents 

submitted to the Inquiry 

various 

6. Club's bundle of documents submitted 

to the Inquiry 

various 

7. Sheffield City Council's bundle of 

documents submitted to the Inquiry 

various 

8. Dr Eastwood's statement and exhibited 

documents submitted to the Inquiry 

various 

Section 11 - Correspondence/General 

- 23 -

1. Correspondence and copy correspondence 

between the Plaintiff's Solicitors and 

the Club's Solicitors 

various 


between The Solicitors for the Chief 

Constable of South Yorkshire Police and 

the Club's Solicitors 

various 


between the Club's Solicitors and the 

Solicitors for Eastwood & Partners various 

4. Pleadings and Orders common to the main 

action and Third Party actions 

various 

SCHEDULE 1 PART II. 

DESCRIPTION OF DOCUMENT 

DATE 

L. Communications between the First Third 

Party Defendants and their Solicitors 

and between the First Third Party 

Solicitors and insurers 

2. Instructions, notes, correspondence 

to Counsel, Counsel's advice, notes, 

drafts. 

3. Memoranda, notes, statements and other 

documents produced for the purpose of 

obtaining legal advice or produced when 

this action was in contemplation for the 

purpose of obtaining evidence to be 

used in the action and/or obtaining 

legal advice and/or facilitating the 

conduct of this action. 

SCHEDULE 2. 

1 . O r i g i n a l s o f t h o s e c o p y d o c u m e n t s r e f e r r e d t o i n 

S c h e d u l e 1 P a r t I s a v e f o r t h e f o l l o w i n g d o c u m e n t s w h i c h 

- 24 -

have never been in the First Third Party Defendant's 

possession 

Section 1 :- 

3, 10, 23, 24, 34, 37, 40, 49, 50, 53, 54, 57, 105, 108, 

109, 120, 131,132, 133 ,135, 145, 153, 162a, 179, 205, 

210, 220, 221, 222. 

DATED THIS 2nd DAY OF July 1990 

NOTICE TO INSPECT 

TAKE NOTICE that the documents in the above list, other than 

those listed in Part 2 of Schedule 1 and Schedule 2, may be 

inspected at the offices of the Solicitors of the above-named 

First Third Party Defendant at 12 Bridewell Place, London EC4 

by prior appointment on any working day during usual office 

hours. The Board Minutes of the First Third Party Defendant 

referred to in Section 11 of Part 1 of Schedule 1 are 

available for inspection at the offices of the First Third 

Party Defendant at Hillsborough, to be inspected in the 

presence of the First Third Party Defendant's Solicitors by 

prior appointment during usual office hours. 

To: The Third Party Claimant and 

his Solicitors and to the Second 

Third Party Defendant's and their 

Solicitors 

Served this 3rd day of July 1990 

Messrs Davies Arnold Cooper 

12 Bridewell Place, London EC4V 6AD 

Solicitors for the First Third Party Defendant 

- 25 -


1989 C NO. 5925 

1989 R NO. 7039 

QUEEN *S BENCH DIVISION 


IN THE MATTER OF THE DISASTER AT 

HILLSBOROUGH STADIUM 15TH APRIL 

1989 

AND IN THE MATTER OF THIRD PARTY 

PROCEEDING IN CHAPMAN AND RIMMER 


CHIEF CONSTABLE OF SOUTH 

YORKSHIRE POLICE 

Third Party Claimant 

- and - 

SHEFFIELD WEDNESDAY FOOTBALL 

CLUB PLC 

First Third Party Defendant 

- and - 


Second Third Party Defendant 

LIST OF DOCUMENTS 

DAVIES ARNOLD COOPER 

12 Bridewell Place 

London EC4V 6AD 

Solicitors for the First Third 

Party Defendants


Q U E E N ' S 




H IL L S B O R O U G H S T A D I U M O N 1 5 T H A P R I L 1 9 8 9 

A N D 

I N T H E M A T T E R O F T H I R D P A R T Y P R O C E E D IN G S 

I N T H E C A S E O F J O A N C H A P M A N A N D M A R Y R IM M E R 



T h i r d P a r t y 


- a n d - 

S H E F F I E L D W E D N E S D A Y 

F O O T B A L L C L U B P L C 

F i r s t T h i r d 

P a r t y D e f e n d a n t 

- a n d - 

E A S T W O O D & P A R T N E R S S e c o n d T h i r d 



T h e f o l l o w i n g i s a L i s t o f t h e D o c u m e n t s r e l a t i n g t o t h e m a t t e r s i n 

q u e s t i o n i n t h i s a c t i o n w h i c h a r e o r h a v e b e e n i n t h e p o s s e s s i o n , 

c u s t o d y o r p o w e r o f t h e a b o v e n a m e d T h i r d P a r t y C l a i m a n t a n d w h i c h 

i s s e r v e d p u r s u a n t t o t h e O r d e r h e r e i n d a t e d 2 0 t h D e c e m b e r 1 9 8 9 a s 

a m e n d e d b y t h e O r d e r d a t e d 6 t h M a r c h 1 9 9 0 . 

1 . T h e T h i r d P a r t y C l a i m a n t h a s i n h i s p o s s e s s i o n , c u s t o d y o r 

p o w e r t h e d o c u m e n t s r e l a t i n g t o t h e m a t t e r s i n q u e s t i o n 

e n u m e r a t e d i n S c h e d u l e 1 h e r e t o .

2 . T h e T h i r d P a r t y C l a i m a n t o b j e c t s t o p r o d u c i n g t h e 

d o c u m e n t s e n u m e r a t e d i n P a r t 2 o f t h e s a i d S c h e d u l e l 

o n t h e g r o u n d t h a t s u c h d o c u m e n t s a r e b y t h e i r n a t u r e 

p r i v i l e g e d f r o m p r o d u c t i o n . 

3 . T h e T h i r d P a r t y C l a i m a n t h a s h a d b u t h a s n o t n o w i n h i s 

p o s s e s s i o n c u s t o d y o r p o w e r t h e d o c u m e n t s r e l a t i n g t o t h e . 

m a t t e r s i n q u e s t i o n e n u m e r a t e d i n S c h e d u l e 2 h e r e t o . 

4 . 

O f t h e d o c u m e n t s i n t h e s a i d S c h e d u l e 2 t h o s e i n t h a t 

s c h e d u l e w e r e l a s t i n t h e T h i r d P a r t y C l a i m a n t s p o s s e s s i o n ; 

i 

c u s t o d y o r p o w e r o n t h e d a t e s w h e n t h e y w e r e s e n t b y o r d i n a r y 

p r e - p a i d p o s t t o t h e a d d r e s s e s c o n c e r n e d o n o r a b o u t t h e 

d a t e a p p e a r i n g o n t h e d o c u m e n t . 

5 . N e i t h e r t h e T h i r d P a r t y C l a i m a n t n o r h i s s o l i c i t o r s n o r 

a n y o t h e r p e r s o n o n h i s b e h a l f h a s n o w , o r e v e r h a d i n t h e i r 

p o s s e s s i o n c u s t o d y o r p o w e r a n y d o c u m e n t o f 

a n y 

d e s c r i p t i o n w h a t e v e r r e l a t i n g t o a n y m a t t e r i n q u e s t i o n 

i n t h i s a c t i o n , o t h e r t h a t t h e d o c u m e n t s e n u m e r a t e d i n 

S c h e d u l e s 1 a n d 2 h e r e t o . 


N o . 

D e s c r i p t i o n o f D o c u m e n t D a t e 

(, 

1 . 

D o c u m e n t a t i o n p r o d u c e d t o t h e 

I n q u i r y h e a d e d 

b y t h e R i g h t 

H o n o u r a b l e L o r d J u s t i c e T a y l o r . V a r i o u s 

2 . 

C o r r e s p o n d e n c e 

a n d c o m m o n t o 

p a s s i n g b e t w e e n 

s o l i c i t o r s t o t h e 

p a r t i e s . 

V a r i o u s 

3. 

P l e a d i n g s 

a n d O r d e r s c o m m o n t o t h e 

m a i n a c t i o n 

a n d T h i r d P a r t y 

a c t i o n s . 

V a r i o u s

ij 

«»■ 

4 . C o p y l e t t e r S Y P t o H o m e O f f i c e . 3 0 / 3 / 7 7 

5 . L e t t e r H o m e O f f i c e t o S Y P . 2 4 / 8 / 7 7 

6 . L e t t e r H o m e O f f i c e t o S Y P . 9 / 8 / 7 8 

7 . C o p y l e t t e r S Y P t o S Y C C . 5 / 9 / 7 8 . 

8 . C o p y O f f i c e r W o r k i n g P a r t y 

M i n u t e s . 2 1 / 9 / 7 8 

9 . C o p y O f f i c e r W o r k i n g P a r t y 

M i n u t e s . 7 / 1 1 / 7 8 

1 0 . L e t t e r S Y C C t o S Y P . 8 / 1 2 / 7 8 

1 1 . L e t t e r S Y C C t o S Y P . 1 0 / 1 / 7 9 

1 2 . C o p y l e t t e r S Y C C t o C h i e f 

B u i l d i n g S u r v e y o r . 1 0 / 1 / 7 9 

1 3 . L e t t e r S Y C C t o S Y P . 8 / 6 / 7 9 

L 4 . C o p y O f f i c e r W o r k i n g P a r t y 

M i n u t e s . 1 2 / 7 / 7 9 

1 5 . L e t t e r S Y C C t o S Y P . 3 0 / 7 / 7 9 

1 6 . C o p y l e t t e r S W F C t o S Y C C . 1 4 / 9 / 7 9 

1 7 . C o p y l e t t e r E a s t w o o d & P a r t n e r s 

t o S Y C C . 2 0 / 9 / 7 9 

1 8 . L e t t e r S Y C C T O S Y P . 2 4 / 9 / 7 9 

1 9 . S Y P i n t e r n a l c o m m u n i c a t i o n . 1 9 / 1 2 / 7 9 

2 0 . S Y P i n t e r n a l c o m m u n i c a t i o n . 1 9 / 1 2 / 7 9

■# 

21. 

Letter SYCC to SYP. 

2 1 / 1 2 / 7 9 

22 , 

L e t t e r S Y C C t o S Y P . 

3 / 1 / 8 0 X 

23. 

C o p y l e t t e r S Y P t o S Y C C . 

7 / 1 / 8 0 

24. 


4 / 2 / 8 0 

25. 


1 4 / 3 / 8 0 

26. 

S Y P n o t e f o r f i l e . 

U n d a t e d 

2 7 , 

M i n u t e s o f m e e t i n g r e : F o o t b a l l 

H o o l i g a n i s m . 2 / 1 0 / 8 0 

2 8 , 

C o p y l e t t e r S Y C C t o S W F C . 7 / 1 1 / 8 0 

2 9 , 

S Y P n o t e f o r f i l e . 1 0 / 2 / 8 1 

3 0 . 

C o p y l e t t e r S W F C t o S Y C C . 1 6 / 2 / 8 1 

3 1 . 

C o p y l e t t e r E a s t w o o d a n d P a r t n e r s 

t o S Y C C . 2 3 / 4 / 8 1 

3 2 . 

S Y P i n t e r n a l c o m m u n i c a t i o n . 2 4 / 7 / 8 1 

3 3 , 

M i n u t e s o f 

a m e e t i n g t o d i s c u s s 

t h e o r g a n i s a t i o n o f 

f o o t b a l l 

m a t c h e s w 

i t h i n t h e S o u t h Y o r k s h i r e 

P o l i c e a r e a f o r t h e 1 9 8 1 / 8 2 s e a s o n 7 / 8 / 8 1 

3 4 

C o p y l e t t e r S Y P t o S W F C . 1 2 / 8 / 8 1 

35, 

J o i n t r e p o r t o f t h e C h i e f E x e c u t i v e , 

T h e C h i e f F i r e O f f i c e r a n d t h e C h i e f 

C o n s t a b l e . 3 / 9 / 8 1 

Letter SYCC to SYP. 8/9/81

$ 



3 9 . C o p y O f f i c e r W o r k i n g P a r t y M i n u t e s . 7 / 1 0 / 8 1 


4 1 . S Y P n o t e f o r S h e f f i e l d W e d n e s d a y 

F o o t b a l l f i l e . 7 / 1 0 / 8 1 

& 1 3 / 1 0 / 8 1 

4 2 . L e t t e r S Y C C t o S Y P . 7 / 4 / 8 2 

4 3 . C o p y O f f i c e r W o r k i n g P a r t y M i n u t e s . 1 5 / 4 / 8 2 

4 4 . C o p y l e t t e r S Y C C t o S W F C . 2 8 / 4 / 8 2 

4 5 . C o p y O f f i c e r W o r k i n g P a r t y M i n u t e s . 1 0 / 5 / 8 2 

4 6 . C o p y l e t t e r S W F C t o S Y C C . 5 / 8 / 8 2 


4 8 . L e t t e r S Y C C t o S Y P . 7 / 1 2 / 8 2 

4 9 . S Y P i n t e r n a l c o m m u n i c a t i o n . 8 / 1 2 / 8 2 


5 1 . C o p y l e t t e r S Y P t o S Y C C . 1 7 / 1 2 / 8 2 

5 2 . L e t t e r S Y C C t o S Y P . 2 2 / 1 2 / 8 2 

5 3 . C o p y l e t t e r S Y P t o S Y C C . 5 / 1 / 8 3 

5 4 . C o p y l e t t e r S Y C C t o S W F C . 4 / 2 / 8 3

55. 

Copy letter SYCC to SWFC. 

8 / 6 / 8 3 

56. 

C o p y O f f i c e r W o r k i n g P a r t y M i n u t e s . 

2 8 / 7 / 8 3 

57. 

C o p y 

l e t t e r S Y C C t o 

1 7 / 5 / 8 4 

58. 


8 / 1 1 / 8 4 

59. 

C o p y l e t t e r t o S Y C C . 

1 8 / 1 2 / 8 4 

60. 


4 / i / 8 5 

i 61. 

C o p y l e t t e r E a s t w o o d a n d P a r t n e r s t o 

S W F C . 

2 5 / 1 / 8 5 

62. 

C o p y l e t t e r S Y P t o S W F C . 

15/8/85 

63. 

C o p y l e t t e r S h e f f i e l d M a g i s t r a t e s C o u r t 

t o S Y C C ( e n c l o s i n g O r d e r ) . 9 / 1 0 / 8 5 

64. 

S Y P i n t e r n a l c o m m u n i c a t i o n . 

1 8 / 1 1 / 8 5 

65. 

66. 


S h e f f i e l d M a g i s t r a t e s C o u r t O r d e r . 

1 6 / 1 / 8 6 

1 8 / 2 / 8 6 

67. 


2 0 / 3 / 8 6 

68. 


11/6/86 

69. 

C o p y l e t t e r E a s t w o o d & P a r t n e r s t o 

C S M D . 

2 6 / 6 / 8 6 

70. 

C o p y l e t t e r C S M D t o S W F C . 

1 3 / 1 0 / 8 6 

71. 


1 5 / 1 0 / 8 6

Copy letter Eastwood and Partners 

to CSMD. 

21/1 0 /8 6 

Letter CSMD to SYP. 

2 3 / 1 0 / 8 6 


1 3 / 1 1 / 8 6 

SYP internal communication 

1/12/86 

Copy letter SYP to CSMD. 

6 / 1 / 8 7 

SYP internal communication. 

1 0 / 3 / 8 7 


1 4 / 5 / 8 7 


Undated 

SYP Minutes of Mid-season Football 

Conference. 

1 7 / 6 / 8 7 

Note of a discussion between 

representatives of the five South 

Yorkshire Football League Clubs and the 

Police Authority. 

2 6 / 6 / 8 7 


7 / 7 / 8 7 


8 / 7 / 8 7 


1 4 / 7 / 8 7 

Minutes of meeting between local 

Football League Club's Officials 

and Senior Police Officers of the 

SYP. 

2 4 / 7 / 8 7 

SYP internal communication. 2 9 / 7 / 8 7

Copy letter SYP to CSMD. 4/8/87 

Copy Guidance for Safety Certificate 

Holders. 

Undated 

SYCC internal communication. 

1 3 / 8 / 8 7 

Copy 

notes of meeting of Safety of Sports 

Grounds Advisory Group. 

1 7 / 9 / 8 7 


3 / 1 2 / 8 7 


1 6 / 1 2 / 8 7 


Conference. 

12/ 1/88 


2 5 / 2 / 8 8 


8 / 3 / 8 8 

Copy notes of meeting of safety of 

Sports Grounds Advisory Group. 

2 3 / 3 / 8 8 

Copy notes of meeting safety of 

Sports Grounds Advisory Group. 

2 8 / 4 / 8 8 

SYP Minutes of End of Season Football 

Conference. 

2 7 / 6 / 8 8 

Draft minutes of meeting between Local 

Football League Clubs Officials and Senior 

Police Officers of the SYP. 

2 0 / 7 / 8 8

»* 

LOO. 


Conference. 19/1/89 

101. Letter CSMD to SYP. 30/3/89 

102 Copy letter SYP to CSMD. 5/4/89 

103 Copy letter SYP to South Yorkshire 

Joint Secretariat. 5/4/89 

104 Letter South Yorkshire Police Authority 

to SYP. 14/4/89 

105, 

SYP printout re: Operation 'Support'. 

15/4/89 

106, 


4 / 5 / 8 9 

107, 

Copy CSMD internal communication. 

11/8/89 

108 

Copy letter CSMD to County Fire Officer. 15/8/89 

109, SYP internal communication. 22/11/89 

110 

Copy report of the Head of Administration 

and Legal Department to the General 

Purposes Panel. 11/89 

111 

Copy letter SYP to CSMD. 23/11/89 

112 , Copy CSMD internal communication. 23/11/89 

113, Copy letter CSMD to Eastwood & Partners. 24/11/89 

114, Copy Notice of Amendment of General Safety 

Certificate. 24/11/89 

1 1 5 , Copy letter SYP to West Midlands Police. 1/12/89


(Enclosing copy letter Eastwood & Partners 

to CSMD dated 4th January 1990) 

10/1/90 

Album SYP Photographs - ____ 

Album SYP Photographs - 


L 


I 

Album SYP Photographs - 3. 

Album SYP Photographs - I , 

Album SYP Photographs - |>, 

Album SYP Photographs - j>. 


Album SYP Photographs - | ^ - 


Album SYP Photographs - [8. 

Album SYP Photographs - | 20. 


Album SYP Photographs - >1, 


Album SYP Photographs - __

* r 

134. Album SYP Photographs - ll 

135, Album SYP Photographs - 12 

136. Album SYP Photographs - L3 , 

137. Album SYP Photographs - L4 

138 Album SYP Photographs - [5. 

139 Album SYP Photographs - I [ n o . number) 

V 


No. 


Correspondence passing between 

the Third Party Claimant, his 

Solicitors and insurers. 

2 . Instructions, notes and 

correspondence to Counsel, 

Counsels Opinions drafts 

and notes thereof. 

3. Statements, notes, memoranda, 

correspondence and documents 

produced for the purpose of 

obtaining legal advice or 

produced when this action was in 

contemplation for the purpose 

of obtaining evidence to be used 

in the action and/or obtaining 

legal advice and/or facilitating the 

conduct of this action.

SCHEDULE 2 

1 . O r i g i n a l s o f l e t t e r s w r i t t e n b y t h e 

T h i r d P a r t y C l a i m a n t a n d / o r h i s 

s o l i c i t o r s r e f e r r e d t o i n S c h e d u l e 1 

P a r t 1 a s c o p i e s . 

2 . N e g a t i v e s i n r e l a t i o n t o i t e m s 

1 1 7 t o 1 3 9 i n S c h e d u l e l P a r t 1 . 

D A T E D t h i s 

d a y o f J u l y 1 9 9 0 . 

N O T I C E T O I N S P E C T 

T a k e n o t i c e t h a t t h e d o c u m e n t s i n t h e a b o v e L i s t , o t h e r t h a n t h o s e 

l i s t e d i n S c h e d u l e 1 P a r t 2 a n d S c h e d u l e 2 , m a y b e i n s p e c t e d a t t h e 

o f f i c e s o f t h e S o l i c i t o r s o f t h e a b o v e n a m e d T h i r d P a r t y C l a i m a n t a t 

E m p i r e H o u s e , 1 0 P i c c a d i l l y , B r a d f o r d , B D 1 3 L R , b y a r r a n g e m e n t o n 

a n y w o r k i n g d a y d u r i n g u s u a l o f f i c e h o u r s . 

T o t h e 

F i r s t a n d S e c o n d 

S e r v e d t h i s 

d a y 

o f 

T h i r d P a r t y D e f e n d a n t s 

J u l y 1 9 9 0 b y 

a n d t h e i r s o l i c i t o r s . 

H a m m o n d 

S u d d a r d s , ' 

E m p i r e H o u s e , 

1 0 P i c c a d i l l y , 

B R A D F O R D B D 1 3 L R 


f o r t h e T h i r d 

P a r t y C l a i m a n t .




1 9 8 9 C N o . 5 9 2 5 


H IL L S B O R O U G H S T A D I U M O N 1 5 T H A P R I L 

3-9 ,8 9 


P R O C E E D IN G S I N T H E C A S E O F 

J O A N C H A P M A N A N D M A R Y R IM M E R 



T h i r d P a r t y 


- a n d - 

S H E F F I E L D W E D N E S D A Y 

F O O T B A L L C L U B P L C F i r s t T h i r d 


- a n d - 


S e c o n d T h i r d 



H a m m o n d S u d d a r d s 



B R A D F O R D 

B D 1 3 L R 

R e f : 

P C M 


C l a i m a n t . 

f o r t h e T h i r d P a r t y

1989 C. No. 5925 

I N THE HIGH COURT OF JUSTICE 

QUEEN' S BENCH DIVISION 



H IL L S B O R O U G H S T A D I U M 1 5 T H A P R I L . 1 9 8 9 

A N D I N T H E M A T T E R O F T H I R D P A R T Y P R O C E E D IN G S 

I N T H E C A S E S O F J O A N C H A P M A N A N D L I N D A M A R Y R IM M E R 




P O L I C E 

T h i r d 

P a r t y C l a i m a n t 

- a n d - 


C L U B P L C 


- a n d - 



S U P P L E M E N T A L L I S T O F D O C U M E N T S 

T h e f o l l o w i n g i s S u p p l e m e n t a l L i s t o f D o c u m e n t s r e l a t i n g t o t h e 

m a t t e r s i n q u e s t i o n w h i c h a r e o r h a v e b e e n i n t h e p o s s e s s i o n 

c u s t o d y o r p o w e r o f t h e a b o v e - n a m e S e c o n d T h i r d P a r t y D e f e n d a n t 

a n d w h i c h i s s e r v e d i n c o m p l i a n c e w i t h t h e O r d e r h e r e i n d a t e d 

2 0 t h D e c e m b e r 1 9 8 9 , a s a m e n d e d b y O r d e r d a t e d 6 t h M a r c h 1 9 9 0 . 

1 . T h e S e c o n d T h i r d P a r t y D e f e n d a n t h a v e i n t h e i r p o s s e s s i o n 

c u s t o d y o r p o w e r t h e d o c u m e n t s r e l a t i n g t o t h e m a t t e r s i n 

q u e s t i o n e n u m e r a t e d i n S c h e d u l e 1 h e r e t o . 

2 . T h e S e c o n d T h i r d P a r t y D e f e n d a n t o b j e c t t o p r o d u c e t h e 

d o c u m e n t s e n u m e r a t e d i n P a r t 2 o f t h e s a i d S c h e d u l e o n t h e 

g r o u n d t h a t s u c h d o c u m e n t s a r e a s a p p e a r s f r o m t h e i r n a t u r e 

- 1 -

privileged and free from production. 

3 . T h e S e c o n d T h i r d P a r t y D e f e n d a n t h a v e h a d b u t h a v e n o t n o w 

i n t h e i r p o s s e s s i o n c u s t o d y o f p o w e r t h e d o c u m e n t s r e l a t i n g t o 

t h e m a t t e r s i n q u e s t i o n i n t h i s a c t i o n e n u m e r a t e d i n S c h e d u l e 2 

h e r e t o . 

4 . O f t h e d o c u m e n t s i n t h e s a i d S c h e d u l e 2 t h o s e i n t h a t 

S c h e d u l e w e r e l a s t i n t h e S e c o n d T h i r d P a r t y D e f e n d a n t 

p o s s e s s i o n , c u s t o d y o r p o w e r o n t h e r e s p e c t i v e d a t e s t h e r e o f 

w h e n t h e s a m e w e r e d e s p a t c h e d t o t h e p e r s o n s t o w h o m t h e y w e r e 

r e s p e c t i v e l y a d d r e s s e d . 

5 . N e i t h e r t h e S e c o n d T h i r d P a r t y D e f e n d a n t n o r t h e i r 

s o l i c i t o r s n o r a n y o t h e r p e r s o n o n t h e i r b e h a l f h a v e n o w o r 

e v e r h a d i n t h e i r p o s s e s s i o n , c u s t o d y o r p o w e r a n y d o c u m e n t o f 

a n y d e s c r i p t i o n w h a t e v e r r e l a t i n g t o a n y m a t t e r i n q u e s t i o n i n 

t h i s a c t i o n o t h e r t h a n t h e d o c u m e n t s e n u m e r a t e d i n S c h e d u l e s 1 

a n d 2 h e r e t o a n d t h e d o c u m e n t s i t e m i s e d i n t h e L i s t o f 

/ > D o c u m e n t s d a t e d 1 7 t h A p r i l 1990. 


N o . D e s c r i p t i o n o f D o c u m e n t D a t e 

2 5 3 C o p y N o t e o f M e e t i n g o n 1 1 . 4 . 7 9 1 3 . 0 4 . 7 9 

2 54 C o p y S h e f f i e l d C i t y C o u n c i l 

i n t e r n a l c o m m u n i c a t i o n 1 1 . 0 8 . 8 9 

2 55 C o p y L e t t e r S h e f f i e l d C i t y 

C o u n c i l t o C o u n t y F i r e O f f i c e r 15. 8. 89 

2 5 6 C o p y S h e f f i e l d C i t y C o u n c i l 

i n t e r n a l c o m m u n i c a t i o n 2 3 . 1 1 . 8 9 

2 5 7 L e t t e r S h e f f i e l d C i t y 

C o u n c i l t o S e c o n d T h i r d P a r t y 

D e f e n d a n t 2 4 . 1 1 . 8 9 



D e f e n d a n t 2 4 . 1 1 . 8 9 

2 5 9 C o p y N o t i c e o f A m e n d m e n t o f 

G e n e r a l S a f e t y C e r t i f i c a t e 24. 1 1 . 8 9 

2 60 C o p y R e p o r t t o t h e H e a d o f 

A d m i n i s t r a t i o n a n d L e g a l 

D e p a r t m e n t t o t h e G e n e r a l 

P u r p o s e s P a n e l 0 0 . 1 1 . 8 9 

2 6 1 C o p y N o t i c e o f A m e n d m e n t o f 

G e n e r a l S a f e t y C e r t i f i c a t e 27. 11. 89 



D e f e n d a n t 2 8 . 1 1 . 8 9 

- 2 -

263 L e t t e r S h e f f i e l d C i t y 


D e f e n d a n t 30. 11. 89 

2 6 4 C o p y L e t t e r S e c o n d T h i r d P a r t y 

D e f e n d a n t t o S h e f f i e l d C i t y 

C o u n c i l 0 5 . 1 2 . 8 9 

2 65 L e t t e r S h e f f i e l d C i t y C o u n c i l t o 


e n c l o s i n g c o p y l e t t e r T h i r d P a r t y 

C l a i m a n t t o S h e f f i e l d C i t y C o u n c i l 

d a t e d 1 D e c e m b e r 1 9 8 9 . 06. 12. 89 

2 66 C o p y l e t t e r S e c o n d T h i r d P a r t y 

D e f e n d a n t t o S h e f f i e l d C i t y 

C o u n c i l e n c l o s i n g : 

C> 

a ) R e p o r t o n c r o w d c a p a c i t y b y 

H u s b a n d & C o d a t e d 3 0 S e p t e m b e r 

1 9 *0 . 

b ) C o p y l e t t e r H u s b a n d & C o t o 

F i r s t T h i r d P a r t y C l a i m a n t 

d a t e d 2 7 J u l y IS ty O . 

c ) C o p y l e t t e r F i r s t T h i r d P a r t y 

C l a i m a n t t o S h e f f i e l d a n d 

R o t h e r h a m P o l i c e C o n s t a b u l a r y 

d a t e d 3 0 S e p t e m b e r 1 9 70 04 .01.90 

- 3 -



Date 

I n s t r u c t i o n s t o C o u n s e l , h i s O p i n i o n s 

t h e r e o n a n d r e s p e c t i v e d r a f t s t h e r e o f , 

c o r r e s p o n d e n c e p a s s i n g b e t w e e n 

S e c o n d T h i r d P a r t y D e f e n d a n t t h e i r 

s o l i c i t o r s , t h e i r I n s u r e r s t h e i r a g e n t s 

a n d w i t n e s s e s , m e m o r a n d a a n d d o c u m e n t s o f 

c o n f i d e n t i a l n a t u r e w r i t t e n p r e p a r e d o r 

o b t a i n e d b e f o r e t h e c o m m e n c e m e n t o f t h e s e 

p r o c e e d i n g s a n d i n v i e w t h e r e o f . T h e 

l i k e c o r r e s p o n d e n c e , m e m o r a n d a a n d d o c u m e n t s 

p r e p a r e d c o m m e n c e d f o r s i m i l a r p u r p o s e . V a r i o u s 

S C H E D U L E 2 

D e s c r i p t i o n o f D o c u m e n t D a t e 

O r i g i n a l s o f l e t t e r s w r i t t e n b y t h e 

S e c o n d T h i r d P a r t y D e f e n d a n t s , a n d / o r 

t h e i r s o l i c i t o r s r e f e r r e d 

t o i n S c h e d u l e 1 P a r t 1 a s c o p ie s . V a r i o u s 

19 90 

N O T I C E 

T O I N S P E C T 

T a k e n o t i c e t h a t t h e d o c u m e n t s i n t h e a b o v e L i s t , o t h e r t h a n 

t h o s e l i s t e d i n P a r t 2 o f S c h e d u l e 1 a n d S c h e d u l e 2 m a y b e 

i n s p e c t e d a t t h e o f f i c e s o f t h e s o l i c i t o r s o f t h e a b o v e - n a m e d 

D e f e n d a n t s a t C h i c h e s t e r H o u s e , 2 7 8 / 2 8 2 H i g h H o l b o r n , L o n d o n , 

W C 1 V 7 H A , b y a r r a n g e m e n t d u r i n g u s u a l o f f i c e h o u r s . 

day of 1990 

by REYNOLDS PORTER CHAMBERLAIN of Chichester House, 278/282 

High Holborn, London WC1V 7HA. 

Solicitors for the 

T o t h e T h i r d P a r t y C l a i m a n t , S e c o n d F i r s t T h i r d P a r t y a n d 

t h e i r s o l i c i t o r s . 

- 4 -

1989 C. No. 5925 




I N T H E M A T T E R O F 

T H E D I S A S T E R A T 

H IL L S B O R O U G H S T A D I U M 1 5 T H A P R I L . 

1989 


P R O C E E D IN G S 

I N T H E C A S E S O F 

L I N D A M A R Y R IM M E R 

J O A N C H A P M A N A N D 




P O L I C E 


- a n d - 


C L U B P L C 


- a n d - 


S e c o n d T h i r d P a r t y D e f e n d a r . 

S U P P L E M E N T A R Y L T S T O F 

D O C U M E N T S 

R e y y n o l d s P o r t e r C h a m b e r l a i n 


2 7 8 / 2 8 2 H i g h H o l b o r n 

L o n d o n W C 1 V 7 H A 

T e l : 0 7 1 - 2 4 2 - 2 8 7 7 

R e f: J J W / P D N / E A S . 1 - 2 

S o l i c i t o r s f o r E a s t w o o d & P a r t n e r s 

5 -

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