Day 249 - 14 May 96 - Page 50


     
     1        Gilbert to write a letter to London Greenpeace?
     2        A.  No, I did not make notes of instructions to Barlow Lyde
     3        & Gilbert.
     4
     5   Q.   You did not write a memo to Paul Preston saying, "I am
     6        going to instruct them to write a letter"?
     7        A.  No.
     8
     9   Q.   Would you not have had to ask Mr. Preston's -----
    10        A.  No, that would have been within my domain.
    11
    12   Q.   You could just start proceedings?
    13        A.  No, no, I could not start proceedings.
    14
    15   Q.   All right.  You could just write out, ask the solicitors to
    16        write threatening letters?
    17        A.  Not threatening letters.
    18
    19   Q.   Well, I mean, that is effectively what they are?
    20        A.  No, I do not think they are.
    21
    22   MR. JUSTICE BELL:  It would be much better in your questions if
    23        you left out the word "threatening" because -----
    24
    25   MS. STEEL:   They are; they are threatening legal action.  That
    26        is the point.
    27
    28   MR. JUSTICE BELL:  The trouble is, you treat that as a threat.
    29        Other people treat it as their constitutional right.  I do
    30        not want to decide the argument now, but if you put
    31        "threatening letter" in, even if the factual context apart
    32        from the word "threatening" is entirely accepted by the
    33        witness, he is bound to disagree with the question.  So you
    34        will get somewhere a lot quicker if you leave out what may
    35        be the emotive word "threatening" and just refer to the
    36        letter.
    37
    38   MS. STEEL:   I thought they were called "threatening letters".
    39
    40   MR. JUSTICE BELL:  No, of course they are not.  It is the last
    41        thing in the world they are called.  "Letters before
    42        action" or "solicitors' letters" they are referred to.
    43        Before this case I had never heard them called "a
    44        threatening letter" in 30 years' litigation.  You see,
    45        other people may be in the same position.  It is just that
    46        I think you will get further quicker if you miss the word
    47        out.  That is all.
    48
    49   MS. STEEL:  I am not quite sure how to describe them.
    50 
    51   MR. JUSTICE BELL:  Describe them as a "solicitors' letter". 
    52        That is what they are normally referred to in the courts 
    53        as.
    54
    55   MS. STEEL:   I cannot remember what the question was.
    56        (To the witness):  You could just ask the solicitors to
    57        write letters to people over matters such as this without
    58        consulting Mr. Preston?
    59        A.  Yes, for the initial action, certainly.  I mean, that
    60        was my responsibility.

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