Day 087 - 10 Feb 95 - Page 34


     
     1        what they are.  The first is what we regard is outstanding
     2        discovery not made by the Defendants in relation to the
     3        issues of publication, injunction and malice and the
     4        Defence to counterclaim.  The second is the question of the
     5        Defendants' employment witnesses.  I say no more about that
     6        at this stage.
     7
     8   MR. JUSTICE BELL:  What do you want to deal with or embark on
     9        trying to deal with this afternoon?
    10
    11   MR. MORRIS:  That is a good question.
    12
    13   MR. JUSTICE BELL:  Just sit down for a moment and think about
    14        it.
    15
    16   MR. MORRIS:  I am not sure exactly what the situation with
    17        documents is because the Plaintiffs indicated that they had
    18        some documents or they had further enquiries.  I do not
    19        know what progress there is on that.  We have not been
    20        served any.
    21
    22   MR. RAMPTON:  My Lord, then once again I can try to make
    23        things -- there is a letter which in part answers what
    24        Mr. Morris has just asked dated today.  I now hand it over
    25        with a copy for your Lordship.  I will not say anything
    26        about it.  I just invite your Lordship to read it.
    27
    28   MR. JUSTICE BELL:  Should I put Mrs. Bensilum's statement behind
    29        her present one which is, admittedly, in the publication
    30        volume which is a rather different subject?  It is yellow
    31        24.
    32
    33   MR. RAMPTON:  What Mrs. Brinley-Codd has suggested is if your
    34        Lordship will wait a bit she will make a list of where she
    35        thinks everything in this bundle should go.
    36
    37   MR. JUSTICE BELL:  Very well.  I will just hold on to it as a
    38        complete unit.
    39
    40   MR. RAMPTON:  My Lord, while I am dealing with that, there is a
    41        document emanating from Mr. Ashley Bowes which I anticipate
    42        he may wish to refer to in his evidence-in-chief on
    43        Monday.  It is the RSPCA Freedom Food Welfare Standards for
    44        Pigs.  I pass copies across now and one for your Lordship
    45        which Mrs. Brinley-Codd says should go in yellow volume IX,
    46        tab 7, behind Mr. Bowes' statement.  My Lord, in
    47        addition -----
    48
    49   MR. JUSTICE BELL:  Might I just ask, is this a document you are
    50        familiar with in any event -- Ms. Steel, particularly? 
    51 
    52   MS. STEEL:  I am aware of it, yes. 
    53
    54   MR. RAMPTON:  It is obtainable from the RSPCA if anybody is
    55        interested; certainly Mr. Bowes is an, no doubt, Ms. Steel
    56        is too.  My Lord, then I now formally make service of a
    57        counter notice requiring the attendance of Mr. Colin Clark
    58        at court as a witness on behalf of the Defendants.  My
    59        Lord, there is with it a letter which not necessarily but
    60        I believe advisedly I supplied a copy for your Lordship to

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