Day 311 - 06 Dec 96 - Page 45
1 statement which was wholly unconnected with the subject
2 matter of the attack and its response.
3
4 MR. JUSTICE BELL: You have given an example of -----
5
6 MR. RAMPTON: There are lots of examples given in the
7 authorities. For example, if I am accused of fraud, I can
8 say: "Well, that is a damned lie. You should not believe a
9 words that chap says; he is an habitual liar." That is all
10 referable to the attack. But if I go on to add: "And do
11 you know that he is a paederast", I am doubtful whether
12 that final statement would be the subject of the
13 privilege.
14
15 MR. JUSTICE BELL: So, suppose there were two particular
16 defamatory statements in what I will just call the second
17 Plaintiffs' pre-trial leaflets ---
18
19 MR. RAMPTON: Yes.
20
21 MR. JUSTICE BELL: -- the allegation that Ms. Steel and
22 Mr. Morris had lied one way or another, and the allegation
23 which is, I suppose, a response to the attack "why are
24 McDonald's going ahead with this", the allegation that
25 McDonald's have perfectly reasonably written frequently to
26 them and they have got no response, when I may well decide
27 that there was a letter about another leaflet in 1984 and
28 then, in fact, nothing until the letter with the actual
29 writ.
30
31 MR. RAMPTON: That is a point I want to come back to.
32
33 MR. JUSTICE BELL: Yes, do in a moment. Suppose I say: "Well,
34 that was untrue, and it was defamatory because it was
35 painting Ms. Steel and Mr. Morris as being stubbornly
36 unhelpful in the matter"; suppose, so far as the allegation
37 of lies was concerned, it was not substantially justified,
38 it was defamatory, but a relevant response to an attack,
39 and I did not find malice there; but, in relation to the
40 not responding to letters, I thought that was defamatory,
41 untrue, a relevant response to an attack, but I did find
42 malice in relation to that; suppose that were so.
43
44 MR. RAMPTON: My Lord, that is an impossible conception, if
45 I may respectfully say so.
46
47 MR. JUSTICE BELL: Is it, if you carried on making the
48 allegation when it is quite clear to you that it is not
49 right?
50
51 MR. RAMPTON: There is no evidence about that.
52
53 MR. JUSTICE BELL: Well, there is.
54
55 MR. RAMPTON: No, no. I am sorry. What I mean is, there is no
56 evidence on our side about that. What your Lordship would
57 have to consider, if it were defamatory to say that at all,
58 is what the defamatory sting of that allegation is.
59
60 MR. JUSTICE BELL: Yes.
