Day 052 - 21 Nov 94 - Page 50


     
     1        opportunity to deal with that when I have heard what
     2        Ms. Steel and Mr. Morris say because, for all I know, they
     3        will have something to say about that in the course of
     4        argument.
     5
     6   MR. RAMPTON:  Very well.
     7
     8   MR. JUSTICE BELL:  I do not know that they will.
     9
    10   MS. STEEL:  Can I just say, we are actually pretty tired having
    11        sat here all day listening to that, and it might be easier
    12        if it is dealt with now and then we could just start
    13        tomorrow.
    14
    15   MR. JUSTICE BELL:  Yes.  I was going to give you the opportunity
    16        anyway of saying that in relation to 4F and the suggested
    17        amendment there, you should have the opportunity to look
    18        overnight at the references which Mr. Rampton is going to
    19        give you before you start what you have to say.  If you
    20        wanted to begin on 4L tonight, well and good.  If when
    21        Mr. Rampton is finished you want to go over to the morning,
    22        so be it.  Yes, Mr. Rampton, you are happy to deal with
    23        that?
    24
    25   MR. RAMPTON:  My Lord, entirely.  Quite apart from the question
    26        of the whether Defendants are tired or not, we are all
    27        tired, it is Monday which is always a tiring day, the
    28        advantage they will derive is not only to get a list of
    29        references, but they will get a chance to read the
    30        transcript before they have to address your Lordship.
    31
    32        This is a very short argument, my Lord.  The relevant
    33        authorities are to be found in that small clip, I hope.
    34        The first is Lucas-Box v. News Group Newspapers which is
    35        towards the back of 1986 1 WLR.  I ought to read it out so
    36        that it goes on the transcript.
    37
    38   MR. JUSTICE BELL:  The first page we have is 15, so it is a
    39        little while before that.
    40
    41   MR. RAMPTON:  It starts at page 147.  The passage that I would
    42        invite your Lordship to look at is on page 152 starting at
    43        the bottom of the page at letter H.  The title on page 152
    44        is obliterated by one of my Post-its. This is the Court of
    45        Appeal through Ackner L.J. as he then was.  Says Ackner
    46        L.J. At letter H:
    47
    48        "We fully appreciate that where an action in defamation is
    49        tried with a jury, it is for the jury to decide what
    50        meaning or meanings the  words in fact bear.  They are not 
    51        limited by the meanings which either the plaintiff or the 
    52        defendant seeks to place upon the words." 
    53
    54        Of course, in this case, my Lord, that is your Lordship.
    55
    56        "Accordingly, a defendant who seeks to rely upon a defence
    57        of justification does not wish to tie himself to a
    58        potential defamatory meaning which may turn out to be more
    59        serious than that which a jury ultimately conclude to be
    60        the true defamatory meaning.  Mr. Gray [he was for News

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