Day 057 - 29 Nov 94 - Page 65
1 a grudge up in some branch of McDonald's or something like
2 that?
3
4 MR. JUSTICE BELL: Whether or not that is realistic, that is
5 just what I have said, that if they cannot attach them to
6 you in some way, then they cannot be held against you.
7
8 MS. STEEL: I think they should have to make plain how they are
9 seeking to attach them to us before witnesses come to be
10 called and things like, so that we know what case we have
11 to meet. Another example is the document that we talked
12 about being privileged, we do not know how they got hold of
13 that, but we certainly object to them relying on it as a
14 leaflet that is being distributed because it was not a
15 leaflet.
16
17 MR. JUSTICE BELL: You have heard what Mr. Atkinson said about
18 that. He is going to look into it and it may turn out it
19 is privileged or that they accept it is privileged or they
20 may have an argument it is not.
21
22 MS. STEEL: What I am saying is, irrespective whether it is
23 privileged or not, it is not a leaflet. If they want to
24 rely on it as a leaflet, they have to show that it was
25 distributed as opposed to sent to one of our potential
26 witnesses who they happen to somehow get a copy of it. The
27 point is if they do not specify where and when they got
28 these leaflets ----
29
30 MR. JUSTICE BELL: Mr. Atkinson is going to look into. Maybe he
31 will come back and say: "We say it was distributed by the
32 Defendants in such and such circumstances." Maybe he will
33 come back and say: "Well, we do not know where it comes
34 from and, on the face of it, it looks as if it might be
35 privileged so we will abandon that."
36
37 MS. STEEL: I am using that as letter as an example of the
38 problem of just allowing the Plaintiffs to put in a whole
39 bundle of documents without specifying where and when they
40 came from, and how they are attaching to them to us. It
41 makes it impossible for us to prepare our defence.
42
43 MR. JUSTICE BELL: Is there anything else you want to say,
44 Mr. Morris?
45
46 MR. MORRIS: Yes. I have to leave to pick up my son in a
47 moment.
48
49 MR. JUSTICE BELL: I am not going to give my decision tonight.
50 Since I have reserved my decision on the other matter of
51 pleading, I will reserve my decision on this matter of
52 pleading and give them both together in due course. Is
53 there quickly anything further you want to add to what
54 Ms. Steel has said?
55
56 MR. MORRIS: No, not about the counterlcaim.
57
58 MR. JUSTICE BELL: We will break there anyway and pick up the
59 other points at some stage in the future.
60
