Day 242 - 29 Apr 96 - Page 49


     
     1   MR. JUSTICE BELL:  Please get in touch with him as soon as
     2        possible.  I suggest you send a photocopy of the whole of
     3        professor Naismith's evidence, but tell him he will only be
     4        expected to deal with pages 6 to 8, a paragraph on page 11
     5        and a paragraph on page 12.
     6
     7   MS. STEEL:   OK.
     8
     9   MR. JUSTICE BELL:  Do you object to the voluntary particulars?
    10        If they go in, they ought to be called voluntary
    11        particulars and not voluntary particulars of this and that,
    12        because they are both voluntary particulars of the claim as
    13        well as the defence to counterclaim.
    14
    15   MR. RAMPTON:  Yes, they are.  My Lord, I asked Mr. Atkinson to
    16        deal with all that.
    17
    18   MR. JUSTICE BELL:  I want to ask the Defendants what they think,
    19        because the position is this basically, as I understand it
    20        at the moment, the topics they deal with, the first
    21        voluntary particulars are directed at the claim that you
    22        published the words complained of, but not alleging a new
    23        publication, just alleging things you have done since which
    24        it is said might encourage the view that you were involved
    25        in the publication originally; the claim for an injunction
    26        in the main action; the issue of your alleged malice
    27        concerning the matters complained of in the main action,
    28        and justification, alleged qualified privilege so far as
    29        the defence to counterclaim is concerned.
    30
    31        The recent voluntary particulars allege additional matters
    32        which relate to the claim for an injunction in the main
    33        action, the issue of your alleged malice in relation to the
    34        matters complained of in the main action, and justification
    35        of qualified privilege so far as the defence to
    36        counterclaim is concerned.
    37
    38        On my reading of them, they raise matters which, if you
    39        give evidence, Mr. Rampton would be entitled to put to you
    40        in cross-examination, if he chose, and I think almost
    41        entirely, if not entirely, they refer to documents which
    42        have already been served.  So one possibility would be to
    43        say, well, it is just giving you notice of the way the
    44        material which is already in the case will be put to you in
    45        cross-examination is to be used by the Plaintiffs.  But if
    46        you do want to object, tell me about it.
    47
    48   MS. STEEL:  I mean, the principle I was raising the other day
    49        was really whether the Plaintiffs were entitled to just
    50        plead voluntary particulars and not ask for leave to 
    51        basically amend their case, which is what they appear to be 
    52        doing, because, obviously, that should apply to us as well, 
    53        then we could, you know, add parts to our case without
    54        asking for -----
    55
    56   MR. JUSTICE BELL:  I am assuming the note to which Mr. Rampton
    57        referred to before was right.  It really comes to this, it
    58        seems to me, if you choose to make no objection, then they
    59        can stay in as part of the pleadings in this instant, but
    60        if you say, "Yes, we do object", then Mr. Atkinson (who

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