Day 305 - 25 Nov 96 - Page 44


     
     1        your Lordship to decide.
     2
     3   MR. JUSTICE BELL:  I am certainly not going to be in any
     4        position to say in court that the specific occasion does or
     5        does not have an important place.
     6
     7   MR. RAMPTON:  Your Lordship will decide that at the end.
     8
     9   MR. JUSTICE BELL:  I need to take all the evidence away to
    10        consider.  So I would be grateful if you would help me
    11        generally in that area.
    12
    13   MR. RAMPTON:  Yes, of course.  I am to do it blow by blow.
    14
    15   MR. JUSTICE BELL:  What do you want to do now -- because the
    16        reality is this: you have got until about noon tomorrow to
    17        finish off what you have got to say on publication, and
    18        then you have got your two days to divide between you on
    19        the question of counterclaim.  So, the reality is that we
    20        are looking at finishing what you have to say, subject to
    21        anything you want to say about the law in reply to
    22        Mr. Rampton on the law and subject to anything which you
    23        are going to put in note or written form by way of these
    24        further references, we are looking at you finishing what
    25        you have to say on the counterclaim not later than our
    26        midday adjournment on Thursday, which would certainly be
    27        convenient for me, because gives Mr. Rampton an opportunity
    28        to hand to me and to you what he has in writing and use the
    29        whole or part of Thursday afternoon to say what he wants to
    30        by way of introduction.
    31
    32        You can go on for half an hour now, or part of the half
    33        hour, or, if you like, we will call it a day for today.
    34        But then you must stick to those deadlines, as it were, for
    35        the balance of this topic and counterclaim, which you have
    36        got to do.  But whether you go on now or we rise now and
    37        resume at 10.30 in the morning, I will leave for you to
    38        choose.  I would like it to be a joint decision, obviously.
    39
    40   MR. MORRIS:  I will see what I have, because I would rather get
    41        some things out of the way if I can.
    42
    43   MR. JUSTICE BELL:  Yes.
    44
    45   MR. MORRIS:  I might grind to a halt.
    46
    47   MR. JUSTICE BELL:  If you are grinding to a halt, accept as
    48        much, and we will break off until the morning.
    49
    50   MR. MORRIS:  Just a few points about the nature of 
    51        London Greenpeace.  I think it was aptly described by one 
    52        of the investigators as "a collection of individuals", and 
    53        that any initiatives that got taken were not so much as a
    54        result of collective decision-making, and certainly not
    55        formal collective decision-making, so much as initiative of
    56        the number of individuals that were present.
    57
    58        I think that is all important when considering the agency
    59        argument that the Plaintiffs have to demonstrate on the
    60        balance of probabilities, on evidence, physically how we

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