Day 057 - 29 Nov 94 - Page 58


     
     1        not understand what the Plaintiffs mean by this".  The idea
     2        there was to show them precisely what was meant by way of
     3        example.
     4
     5        Certainly it was not intended to tie down the case to those
     6        particular examples.  What one ought to make clear is it is
     7        not sought to go beyond the documents that have been
     8        referred to in the Defence to Counterclaim.  They have been
     9        singled out.  They have been appended to Defence to
    10        Counterclaim or else it has been made quite clear which
    11        particular pleadings are being referred to.
    12
    13        I could have gone through all of the documents that are
    14        appended to the Defence to Counterclaim in the various
    15        appendices.  I could have given a list of every single time
    16        that the Defendants are, apparently, quoted as having
    17        spoken to the media or whatever.  I could have done, but
    18        that is something that, in our view, it is possible for
    19        both sides to do in any event.  If you are going to read
    20        these documents, as you are bound to do if either side is
    21        preparing their case, then one can see where, apparently,
    22        the Defendants are quoted.  It is not a difficult task in
    23        one sense.  On the other hand, it did seem perhaps going a
    24        little too far in the midst of the trial to go through and
    25        say every single time a quotation appears on the face of a
    26        document which is available to the Defendants.
    27
    28   MR. JUSTICE BELL:  Yes.
    29
    30   MR. ATKINSON:   That is the only point.  There is no trickery
    31        involved here because the last sentence of that first
    32        paragraph on page 6, "The Second Plaintiff will refer at
    33        trial, if necessary, to all material disclosed or referred
    34        in connection with the Defence counterclaim", whilst in one
    35        sense it is saying, well, we go beyond these particular
    36        examples, it is making quite clear that we are not going to
    37        be springing any surprises with any new documents, other
    38        than those referred to the Defence to Counterclaim.  If
    39        that ever happened, of course, due notice would be given to
    40        the Defendants.  We totally accept that there has to be
    41        proper given notice given of any case made by the
    42        Plaintiffs.
    43
    44   MR. JUSTICE BELL:  What you are saying is the Defendants will
    45        read those documents anyway and they can rest assured that
    46        you are only going to rely at most, probably nowhere near
    47        all of them, but at most it would be on references to them
    48        being quoted in one form or another.
    49
    50   MR. ATKINSON:   Can I give you an example of how these 
    51        particulars are meant to assist?  I was trying to assist 
    52        the Defendants rather than trying to cause any sort of 
    53        deception here or indulge in any trickery.  For example, in
    54        Appendix 1 I put in orange examples of what we say are
    55        repetition of the allegations complained of or similar
    56        allegations.  I did not have to do that, my Lord, but I did
    57        that because it is clear sometimes that there appears to be
    58        a breakdown of understanding between the parties as to
    59        precisely what is being said.  I just wanted to make clear
    60        the nature of the case we were making in order to make it

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