Day 311 - 06 Dec 96 - Page 59
1 MR. JUSTICE BELL: Yes.
2
3 MR. RAMPTON: The only other thing I should mention, unless
4 your Lordship has any further points, is in relation to
5 paragraph 8.
6
7 Now, even on the basis of what I call the inferential or
8 agency basis if we are right about that, which we think we
9 are, then even on that basis the liabilities of Mr. Morris
10 and Ms. Steel are not co-extensive for the simple reason
11 that Ms. Steel did not become a publisher until the
12 beginning of 1988. That would mean that Mr. Morris'
13 liabilities was, by three months anyway, more extensive
14 than Ms. Steel's. Whether in the end that makes more than
15 a few pounds difference I really do not know, but
16 your Lordship would have to give a judgment which reflected
17 the relative extent of the two Defendants' liabilities for
18 publication.
19
20 One can see a much more difficult example where Ms. Steel
21 was liable only for 16th October 1989, but Mr. Morris was
22 liable for the whole lot. Our present view is, but we will
23 come back to it in the legal argument next week, that the
24 right award is whatever it is for each Plaintiff, but where
25 one of the Defendants' liabilities is less extensive is to
26 say but that award shall not be executed against that
27 Defendant except to the following extent. The problem
28 being that so far as the Plaintiffs are concerned, or a
29 Plaintiff is concerned, there can only be one award, he
30 cannot get separate awards against each Defendant, at any
31 rate not where their liability is joint, as it would be in
32 relation to, for example, 16th October 1989.
33
34 My Lord, that I have.
35
36 MR. JUSTICE BELL: You mean I could not make an award in favour
37 of the First Plaintiff against Ms. Steel and in favour of
38 the First Plaintiff against Mr. Morris and in favour of the
39 Second Plaintiff against Ms. Steel and in favour of the
40 Second Plaintiff against Mr. Morris?
41
42 MR. RAMPTON: You could, my Lord, for every publication that was
43 not joint. But for all publications that were joint, we
44 then have the option to execute against either one or both
45 of the Defendants.
46
47 For all publications that are severable but not joint, yes,
48 separate awards can be made.
49
50 One of the many things that Mr. Atkinson is going to have
51 to do between now and next week is to make -- I have
52 flagged it up now, because I wanted your Lordship to be
53 conscious of the possible mechanical difficulties, that is
54 all. (Pause)
55
56 MR. JUSTICE BELL: Yes. I will not say anything about that now,
57 I will wait and see if there is anything further.
58
59 MR. RAMPTON: We will come back to that if what I have said is
60 wrong. The other thing we are going to do is have a good
