Day 292 - 01 Nov 96 - Page 43


     
     1
     2   MR. RAMPTON:   Before Mr. Morris goes on, there is one thing
     3        I can do, which might be helpful because it will go on to
     4        the transcript and then the Defendants can have a copy of
     5        the page, which is - I do not know if your Lordship thinks
     6        it is convenient; if not, I will not do it - which is to
     7        read out a summary of what I see the effect of the relevant
     8        part of Polly Peck to be.  I do not know if that would help
     9        or not.
    10
    11   MR. JUSTICE BELL:  I think it would.  What I suggest is we do
    12        not invite any argument about it.  If you just read it out,
    13        it goes on the transcript.  I will be grateful for it, but
    14        Ms. Steel and Mr. Morris, if they could have a copy of the
    15        relevant pages.
    16
    17   MR. RAMPTON:   Then they can take advice on it, if they think it
    18        right to do so.
    19
    20        My Lord, it is quite short.  It says:  If the libel, that
    21        is to say the document, whether it be a leaflet, a book, a
    22        film or a newspaper, if the libel has a common sting then
    23        the plaintiff cannot, by selecting some only of the
    24        published allegations on which to sue, prevent the
    25        defendant from seeking to prove the truth of other parts of
    26        the libel which are relevant in generating the common
    27        sting.
    28
    29   MS. STEEL:   Can I just ask, is that in the part you have
    30        already handed us?
    31
    32   MR. JUSTICE BELL:  What I suggest you do is do not bother about
    33        it at the moment, because you are going to get what
    34        Mr. Rampton is saying now and then you can....  I have only
    35        given you part of Polly Peck.  If I might say so, I think
    36        you would be well advised to try and find time to read the
    37        whole of Polly Peck, because what it means is those last
    38        two pages, which have the guts of it, are not as dense as
    39        they would appear to be, because you have the factual
    40        situation to hang them on.
    41
    42        Would you mind starting again please, Mr. Rampton?
    43
    44   MR. RAMPTON:   Yes, my Lord.  This is my account, this is Polly
    45        Peck's effect according to Rampton.
    46
    47        If the libel has a common sting, then the plaintiff cannot,
    48        by selecting some only of the published allegations on
    49        which to sue, prevent the defendant from seeking to prove
    50        the truth of other parts of the libel which are relevant in
    51        generating the common sting.  If, however, the libel
    52        contains two or more distinct and severable charges which
    53        is a matter of fact and degree in every case, then the
    54        plaintiff is entitled to select which of those charges he
    55        will complain of and the defendant is then not entitled to
    56        seek to justify the charge or charges of which the
    57        plaintiff has not complained.
    58
    59   MR. JUSTICE BELL:   Thank you.
    60

Prev Next Index