Day 143 - 27 Jun 95 - Page 39


     
     1        support of your case other than the ones you have called as
     2        the case has gone along and we have dealt with compartment
     3        by compartment?"  It may not be as formal as this but this
     4        is the strict procedure.
     5
     6        When Ms. Steel has closed her case, I will ask you if you
     7        wish to give evidence.  We will hear what you want to say.
     8        I will then ask Ms. Steel if she wishes to ask you
     9        questions.  When she has finished, if she does wish to ask
    10        you questions, Mr. Rampton will cross-examine you.  Then
    11        I will ask you:  "Is there anything further you want to
    12        say?"  Then you will have the opportunity to call any
    13        further witness whom you want to call.
    14
    15        Subject, all this, particularly in relation to calling of
    16        other witnesses, to any comment which any party wishes to
    17        say about adopting a different procedure.
    18
    19   MR. MORRIS:  Thank you for explaining it.
    20
    21   MR. RAMPTON:  My Lord, I will say this because I think it may be
    22        helpful:  I entirely accept and adopt your Lordship's
    23        observations about the significance of documents which are
    24        inadmissible on the question of justification in defence of
    25        the main action.  They have no bearing.  I shall continue
    26        to maintain my objections to the sort of use which
    27        Mr. Morris was trying to make of them this morning whenever
    28        that should arise.  It is not a fit matter to cross-examine
    29        Mr. Stein about.
    30
    31        So far as malice and the counterclaim are concerned, my
    32        Lord, they are probably two sides of the same coin, but
    33        that can be discussed at a later stage in the case.
    34        I would say only this, that the question which the
    35        Defendants have to grapple with on those matters, both
    36        malice and the counterclaim, is not what might have
    37        supported a belief had they known about a document at the
    38        time, but what was actually within their knowledge and
    39        possession at the time when they distributed the leaflet,
    40        if they did.
    41
    42   MR. JUSTICE BELL:  Yes.  I have not raised that at the moment
    43        because I see, for instance, the document we have open here
    44        is dated 13th December 1989.
    45
    46   MR. RAMPTON:  That is why I used the two forms of words.  Its
    47        date is a starting point, but that is not the decider.  The
    48        decider is when the Defendants first got it.
    49
    50   MS. STEEL:  But in relation to the counterclaim, because some of 
    51        the pleadings state that because of what the Plaintiffs 
    52        have served on us since the case started, we should have 
    53        known that everything was false, later documents are
    54        relevant.
    55
    56   MR. JUSTICE BELL:  It may be but we can have all this out
    57        later.  While it is on my mind (and we will get on the
    58        cross-examination of Mr. Stein), I do want agreement
    59        between the parties, if possible (otherwise I will rule on
    60        it), as to precisely which stage you are to give evidence,

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