Day 101 - 10 Mar 95 - Page 72


     
     1
     2   MR. JUSTICE BELL:  It is the draft you were given before the
     3        argument.  It is just one has to be filed with the court.
     4
     5   MR. RAMPTON:  It is a formal statement.  My Lord, this is a more
     6        substantial ----
     7
     8   MR. JUSTICE BELL:  The one with the red underlinings on it and
     9        crossings out in relation to nutrition, rearing and
    10        slaughter.  We have all the argument about it and I gave a
    11        ruling.
    12
    13   MR. MORRIS:  Yes.
    14
    15   MR. JUSTICE BELL:  You have a copy.  That is all you need or I
    16        need.  This is merely the one which officially is filed
    17        with the court.
    18
    19   MR. RAMPTON:  My Lord, I now hand into your Lordship and
    20        simultaneously serve on the Defendants two things.  One are
    21        some voluntary particulars of the defence to counterclaim
    22        together with, in part at least, the appendices which are
    23        referred to in the pleading.  I am not asking anybody,
    24        unless your Lordship wishes, to make any comment about this
    25        at this stage.  I serve it now simply because it is
    26        desirable to serve things as quickly as they are ready.
    27        I will tell your Lordship basically what it is.
    28
    29        It is an account of further publications made by or on
    30        behalf of the Defendants, as we say, both before this trial
    31        began but, more particularly, as the trial has proceeded.
    32        In conjunction with that exercise, which your Lordship will
    33        have noticed Mr. Atkinson and Mr. Hill's absence from court
    34        recently which they have been working on, they have also
    35        reordered and repaginated and, to some extent, supplemented
    36        the publication bundles.  Those are not ready for service,
    37        but they will be by Monday or early next week.
    38
    39        The appendices which I have handed up to your Lordship at
    40        the moment consist of a variety of leaflets from different
    41        sources.  The sources are all identified in the pleadings,
    42        so far as it is possible to do so, and the dates of the
    43        receipt by the Plaintiffs, matters of that kind.  There are
    44        other appendices consisting of video recordings of various
    45        kinds.  I have not had those brought to court but they will
    46        be served at the earliest opportunity.
    47
    48        The other thing that your Lordship has there is a letter,
    49        copy of a letter, sent to the Defendants which concerns
    50        something that I mentioned before Christmas.  It is, 
    51        I hope, self-explanatory when read in conjunction with the 
    52        voluntary particulars.  It concerns what we see as the 
    53        Defendants' abuse or misuse of the transcripts for which
    54        McDonald's have paid for them to be provided with.
    55
    56   MR. JUSTICE BELL:  That is an open letter which I can read, is
    57        it?
    58
    59   MR. RAMPTON:  I would wish your Lordship to read it because --
    60        it is certainly an open letter, yes, and it is something

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