Day 121 - 04 May 95 - Page 45
1 which purports to come from the Second Plaintiff when it
2 never did at all, but it is whether you are seeking more
3 than that.
4
5 MR. MORRIS: On the Richard Atkin ------
6
7 MR. JUSTICE BELL: I cannot say that the Second Plaintiff will
8 admit that, but it would not surprise me if they did, since
9 there seems some reason to believe someone wrote on their
10 behalf to say that he did so twice. But, if you are
11 seeking to establish all the matters which appear in the
12 North Kent Weekly News article on 16th September, which is
13 the page before, then that is another matter.
14
15 MR. MORRIS: I think Richard Atkin is a case where we have
16 actually made quite strenuous efforts to trace him and it
17 is impossible to trace him.
18
19 MR. JUSTICE BELL: Then you have got to set about -- I mean,
20 obviously, I can help you when matters occur to me by
21 making sure you do not overlook them, like the extra ground
22 upon which you can avoid the effect of any counter notice,
23 not being able to find despite due diligence, but I
24 really cannot advise you ---
25
26 MR. MORRIS: I understand.
27
28 MR. JUSTICE BELL: -- which bits of information you should serve
29 your Civil Evidence Act Notices in respect of and which not
30 to bother.
31
32 MR. MORRIS: Can I ask Mr. Nicholson if he is willing to accept
33 the letter by -----
34
35 MR. JUSTICE BELL: I do not think you can unless he actually
36 knows who wrote it, you see.
37
38 MR. RAMPTON: My Lord, I was going to say -- I have not checked
39 it -- I am quite certain we have been asked to look for
40 that letter and we have not been able to find it. It may
41 be there are a number of reasons for that -- I am not going
42 to speculate what they might be -- but I am not presently
43 disposed to accept that anything that appears in a
44 newspaper is accurate. I know from long and bitter
45 experience that it very often is not so.
46
47 MR. MORRIS: We are not saying it is necessarily accurate but it
48 may be authentic, as far as McDonald's letter is
49 concerned. In Newcastle, April 1982, if you remember,
50 there was a court case in which the Manager of McDonald's
51 was gaoled for six months?
52 A. Not 1982.
53
54 Q. I think it is April 1982?
55 A. No.
56
57 Q. Have I got the wrong date?
58 A. Yes.
59
60 MR. RAMPTON: It is the wrong decade.
