Day 057 - 29 Nov 94 - Page 57


     
     1
     2   MR. JUSTICE BELL:  Is there anything further on the Further and
     3        Better Particulars?
     4
     5   MS. STEEL:   No, I do not think so.
     6
     7   MR. JUSTICE BELL:  I will hear Mr. Atkinson.
     8
     9   MR. ATKINSON:   If I can take the first point first which is
    10        page 6, where we say: "Where examples are given in these
    11        Particulars they are given in order to help the Defendants
    12        and not to limit the evidence to be adduced by the Second
    13        Plaintiff at trial.  The Second Plaintiff will refer at
    14        trial, if necessary, to all material disclosed or referred
    15        to in connection with the Defence to Counterclaim".
    16
    17        The first point that is being made there is that where on
    18        page 12 I have given examples of various points, for
    19        example, on page 14 I have said that "The involvement of
    20        the Defendants seems to be inferred from the appearance in
    21        the printed media of quotations attributed to the
    22        Defendants", and I say "See for example document 4".
    23
    24   MR. JUSTICE BELL:  Yes, I have flagged page 10, paragraph 2,
    25        "See for example".  Page 12 you have got, two on page 14.
    26
    27   MR. ATKINSON:   And on page 13 as well at the top in the first
    28        paragraph there.
    29
    30   MR. JUSTICE BELL:  Yes, I have flagged that as well.
    31
    32   MR. ATKINSON:   What I was doing there, my Lord, was simply to
    33        point the Defendants as a way of helping them to see the
    34        sorts of the things that I was talking about in the
    35        Particulars.  But I was not by doing that seeking to make
    36        an exhaustive list of every time a quotation appeared in
    37        the file of documents appended to the Further and Better
    38        Particulars.  That was done, I have to be quite honest,
    39        because it becomes quite a Herculean task to make sure you
    40        have seen every single quotation in every single one of
    41        those documents, or every time that there has been, for
    42        example, an assertion by implication of the truth of the
    43        allegations complained of.  What I did not want to do is to
    44        tie down Mr. Rampton to my examples.  What I was not
    45        seeking to do was to go beyond the documents that are
    46        referred in the Defence to Counterclaim and reiterate it in
    47        the Further and Better Particulars of the Defence to
    48        Counterclaim.
    49
    50   MR. JUSTICE BELL:  So although they may appear in similar 
    51        statements or identical statement may appear in other 
    52        documents, as it happens you are content just to rely on 
    53        those examples to demonstrate the point, is that right?
    54
    55   MR. ATKINSON:   Well, no.  What I was seeking to do there was to
    56        say: We are going to rely upon the specific documents
    57        referred to and mostly it is appended to the Defence to
    58        Counterclaim; here are some examples of what we are talking
    59        about in order to give to the Defendants an idea of what we
    60        are on about, because sometimes it is said, "Well, we do

Prev Next Index