Day 263 - 14 Jun 96 - Page 16
1
2 MR. JUSTICE BELL: As a matter of practice, I have to say I am
3 not sure that criminal experience is really relevant to the
4 civil procedure, because there are all sorts of practices
5 in criminal procedure which arise from leaning over
6 backwards -- some people nowadays say too far backwards --
7 to ensure that no one is wrongly convicted. The procedures
8 are not the same.
9
10 MS. STEEL: But then -- I mean, this is -- with regards to
11 publication, it should be comparable. I mean, the
12 sanctions can be as bad.
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14 MR. JUSTICE BELL: The civil and criminal procedures are not the
15 same. There are very more stringent rules in criminal
16 procedure than there are in civil procedure -- the most
17 obvious being the standard of proof.
18
19 MS. STEEL: I am just trying to go -- because some of them I do
20 not need to deal with, the points I have written down.
21
22 Can I just say, actually, on a previous occasion,
23 Mr. Rampton did say that all references to myself,
24 Mr. Morris and McDonald's had been disclosed; and, as we
25 have now seen with the latest set of disclosures, that was
26 not in fact the case, because we have got a whole host of
27 pages, some of them new dates where McDonald's is referred
28 to, some of them old dates where there were references to
29 McDonald's or to us, which have now been unblanked out.
30 I can refer you to the last occasion when he said it, if
31 that is of any help. It was on day 164. I will just check
32 what day that is. Day 164.
33
34 MR. JUSTICE BELL: Yes. I do not have my transcripts that far
35 back in court.
36
37 MS. STEEL: It is Tuesday, 26th September of last year. On
38 page 48, Mr. Rampton said at line 14:
39
40 "We have left in all records of their attendance and all
41 records of their contribution, even where, as sometimes
42 happened, Mr. Morris's contribution was by telephone, he
43 was not actually at the meeting. In effect, all references
44 to the Defendants and all references to McDonald's have
45 been left in."
46
47 MR. RAMPTON: My Lord, that is in relation to an application by
48 the Defendants to have the blanked out parts of disclosed
49 documents uncovered; that is what that means.
50
51 MS. STEEL: Well, if it is helpful, it is actually my
52 recollection that it was not just in relation to the bits
53 that had been blanked out; it was also bits which had not
54 been disclosed anyway -- sorry -- dates which have not been
55 disclosed anyway.
56
57 There was a reference in the notes of 14th June 1990 of
58 Mr. Bishop, which was previously blanked out, to the
59 London Greenpeace fair, and Paul Gravett introducing the
60 format of that; and, obviously, the Plaintiffs are relying
