Day 280 - 17 Jul 96 - Page 18


     
     1
     2   MR. JUSTICE BELL:  Yes.
     3
     4   MR. ATKINSON:   The first thing I say is that Mr. Rampton has
     5        made it clear, I do not blame my learned friend for not
     6        knowing, but he made it clear in Court, that insofar as a
     7        private investigator has actually, himself, personally
     8        disseminated the leaflet complained of, the Plaintiffs do
     9        not claim damages in respect of that actual personal
    10        dissemination, that is quite different from saying that
    11        they do not claim damages for publication at times when the
    12        private investigators were infiltrating the group.  They do
    13        claim damages in relation to that, but not in relation to
    14        actual personal cases of distribution.  So, therefore, in
    15        relation to that there would be nothing for any third
    16        party, or contribution proceedings, to fight from.
    17
    18             The second point I would make is that, yes, this is
    19        the longest trial in civil history, and that has to be
    20        taken into account for two reasons.  The first in that it
    21        affects the Plaintiffs.  As your Lordship says, it is a
    22        defamation action, and one wishes to get, if one can, a
    23        vindication of one's reputation sooner rather than later.
    24        Secondly, of course, it is the case of the Plaintiffs that
    25        there is a continuing campaign against them and the longer
    26        the case goes on and the longer judgment is deferred then
    27        the campaign is allowed to proceed.
    28
    29             Am I going too fast?
    30
    31   MR. JUSTICE BELL:   No.  Thank you.  Keep going.
    32
    33   MR. ATKINSON:   The third party proceedings are likely to cause
    34        my clients embarrassment and delay and in those
    35        circumstances your Lordship is entitled to hear me now
    36        rather than at the directions stage.
    37
    38   MR. JUSTICE BELL:  Yes.
    39
    40   MR. ATKINSON:   I do not believe that really has been disputed.
    41        I did forget to say one thing, which is that the other
    42        aspect of this being the longest trial ever is the public
    43        interest aspect, that if there is a delay it prevents other
    44        people from litigating issues which are of greater
    45        importance, and your Lordship says on more than one
    46        occasion.
    47
    48             It is likely to cause my clients embarrassment and
    49        delay for these reasons.  That if there are third party
    50        proceedings then, as your Lordship has made clear, there
    51        will have to be legal advice given.  It is particularly
    52        unfortunate that this comes at a time when both the
    53        potential third parties and any witness they might wish to
    54        call, as well as legal Counsel and solicitors, happen to go
    55        away on holiday.  So, therefore, they may well not be
    56        around or there may be delays just for that practical
    57        reason, but in any event even if that were not so there
    58        would have to be extensive legal advice given and thought
    59        taken as to what the appropriate course was.
    60

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