Day 052 - 21 Nov 94 - Page 50
1 opportunity to deal with that when I have heard what
2 Ms. Steel and Mr. Morris say because, for all I know, they
3 will have something to say about that in the course of
4 argument.
5
6 MR. RAMPTON: Very well.
7
8 MR. JUSTICE BELL: I do not know that they will.
9
10 MS. STEEL: Can I just say, we are actually pretty tired having
11 sat here all day listening to that, and it might be easier
12 if it is dealt with now and then we could just start
13 tomorrow.
14
15 MR. JUSTICE BELL: Yes. I was going to give you the opportunity
16 anyway of saying that in relation to 4F and the suggested
17 amendment there, you should have the opportunity to look
18 overnight at the references which Mr. Rampton is going to
19 give you before you start what you have to say. If you
20 wanted to begin on 4L tonight, well and good. If when
21 Mr. Rampton is finished you want to go over to the morning,
22 so be it. Yes, Mr. Rampton, you are happy to deal with
23 that?
24
25 MR. RAMPTON: My Lord, entirely. Quite apart from the question
26 of the whether Defendants are tired or not, we are all
27 tired, it is Monday which is always a tiring day, the
28 advantage they will derive is not only to get a list of
29 references, but they will get a chance to read the
30 transcript before they have to address your Lordship.
31
32 This is a very short argument, my Lord. The relevant
33 authorities are to be found in that small clip, I hope.
34 The first is Lucas-Box v. News Group Newspapers which is
35 towards the back of 1986 1 WLR. I ought to read it out so
36 that it goes on the transcript.
37
38 MR. JUSTICE BELL: The first page we have is 15, so it is a
39 little while before that.
40
41 MR. RAMPTON: It starts at page 147. The passage that I would
42 invite your Lordship to look at is on page 152 starting at
43 the bottom of the page at letter H. The title on page 152
44 is obliterated by one of my Post-its. This is the Court of
45 Appeal through Ackner L.J. as he then was. Says Ackner
46 L.J. At letter H:
47
48 "We fully appreciate that where an action in defamation is
49 tried with a jury, it is for the jury to decide what
50 meaning or meanings the words in fact bear. They are not
51 limited by the meanings which either the plaintiff or the
52 defendant seeks to place upon the words."
53
54 Of course, in this case, my Lord, that is your Lordship.
55
56 "Accordingly, a defendant who seeks to rely upon a defence
57 of justification does not wish to tie himself to a
58 potential defamatory meaning which may turn out to be more
59 serious than that which a jury ultimately conclude to be
60 the true defamatory meaning. Mr. Gray [he was for News
