Day 311 - 06 Dec 96 - Page 59


     
     1   MR. JUSTICE BELL:  Yes.
     2
     3   MR. RAMPTON:  The only other thing I should mention, unless
     4        your Lordship has any further points, is in relation to
     5        paragraph 8.
     6
     7        Now, even on the basis of what I call the inferential or
     8        agency basis if we are right about that, which we think we
     9        are, then even on that basis the liabilities of Mr. Morris
    10        and Ms. Steel are not co-extensive for the simple reason
    11        that Ms. Steel did not become a publisher until the
    12        beginning of 1988.  That would mean that Mr. Morris'
    13        liabilities was, by three months anyway, more extensive
    14        than Ms. Steel's.  Whether in the end that makes more than
    15        a few pounds difference I really do not know, but
    16        your Lordship would have to give a judgment which reflected
    17        the relative extent of the two Defendants' liabilities for
    18        publication.
    19
    20        One can see a much more difficult example where Ms. Steel
    21        was liable only for 16th October 1989, but Mr. Morris was
    22        liable for the whole lot.  Our present view is, but we will
    23        come back to it in the legal argument next week, that the
    24        right award is whatever it is for each Plaintiff, but where
    25        one of the Defendants' liabilities is less extensive is to
    26        say but that award shall not be executed against that
    27        Defendant except to the following extent.  The problem
    28        being that so far as the Plaintiffs are concerned, or a
    29        Plaintiff is concerned, there can only be one award, he
    30        cannot get separate awards against each Defendant, at any
    31        rate not where their liability is joint, as it would be in
    32        relation to, for example, 16th October 1989.
    33
    34        My Lord, that I have.
    35
    36   MR. JUSTICE BELL:  You mean I could not make an award in favour
    37        of the First Plaintiff against Ms. Steel and in favour of
    38        the First Plaintiff against Mr. Morris and in favour of the
    39        Second Plaintiff against Ms. Steel and in favour of the
    40        Second Plaintiff against Mr. Morris?
    41
    42   MR. RAMPTON:  You could, my Lord, for every publication that was
    43        not joint.  But for all publications that were joint, we
    44        then have the option to execute against either one or both
    45        of the Defendants.
    46
    47        For all publications that are severable but not joint, yes,
    48        separate awards can be made.
    49
    50        One of the many things that Mr. Atkinson is going to have 
    51        to do between now and next week is to make -- I have 
    52        flagged it up now, because I wanted your Lordship to be 
    53        conscious of the possible mechanical difficulties, that is
    54        all.  (Pause)
    55
    56   MR. JUSTICE BELL:  Yes.  I will not say anything about that now,
    57        I will wait and see if there is anything further.
    58
    59   MR. RAMPTON:  We will come back to that if what I have said is
    60        wrong.  The other thing we are going to do is have a good

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