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.

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