Day 112 - 31 Mar 95 - Page 46
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2 MR. JUSTICE BELL: If I thought there was, to put it no higher,
3 a prime facie case of publication, then the matter would
4 not be shortened at all. That would be neither here nor
5 there at that stage because I have not heard Mrs. Steel and
6 Mr. Morris if they chose to give evidence or any other
7 evidence from their witnesses in relation to publication.
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9 MR. RAMPTON: Looked at as a matter of reality, if your Lordship
10 has read the Plaintiffs' witness statements about
11 publication, it is not realistic to suppose that your
12 Lordship would come to the conclusion that there is no
13 prime facie case unless all eight witnesses put their hands
14 up and said: "No, we are lying" or "We are mistaken", but
15 that is not a realistic prospect.
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17 MR. JUSTICE BELL: I do not think you need say more about that.
18 It was merely a possibility I raised.
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20 MS. STEEL: We want to say something, which is that it has twice
21 been said now by Mr. Rampton that they decided to have
22 publication at the end of this case for other benefit.
23 Now, personally I do not believe for one moment they spend
24 however much it is, 1 or 2 million on doing something for
25 our benefit. I think they ought to say what their real
26 reasons are for wanting publication last.
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28 The other thing is that if there was not a prime facie case
29 on the fact sheet that is the subject of the libel action,
30 of course, if it was just down to deciding the issues
31 relating to the counterclaim, the Plaintiffs would have to
32 plead their case properly about what specifically they say
33 are the false allegations in the leaflets that have been
34 distributed since the writs were served that are not the
35 subject of the original action.
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37 MR. JUSTICE BELL: Are you suggesting that we should hear all
38 the evidence which would include your own on publication
39 earlier, or you are you just answering the points which
40 Mr. Rampton has made?
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42 MS. STEEL: We do not really know. I was just answering some
43 of the points.
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45 MR. JUSTICE BELL: You do not have a stand one way or the other
46 on it?
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48 MR. MORRIS: No. It is a matter for yourself.
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50 MS. STEEL: It is just this concern that it is not -- we do not
51 accept it was done for our benefit.
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53 MR. MORRIS: In fact we think it was done for the Plaintiffs'
54 benefit.
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56 MR. JUSTICE BELL: I am content not to interfere with your
57 judgment, Mr. Rampton.
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59 MR. RAMPTON: I am obliged, my Lord.
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