Day 036 - 13 Oct 94 - Page 65


     
     1        you, Ms. Steel or Mr. Morris, want to say) is the extent
     2        to which in the past a preliminary decision has been made
     3        on what the meaning of broadcast, publication, whatever it
     4        is, actually is and whether there is any useful place for
     5        that in this case.  I am not suggesting there is;
     6        I appreciate that in many cases which are heard by a Judge
     7        and Jury there may be a ruling as to whether the words are
     8        capable of giving meaning, and then the Jury themselves
     9        decide that as a matter of fact in due course.
    10
    11        The other matter which I would welcome some preliminary
    12        help on is the extent, if any, to which a Judge or Jury
    13        can go outside meanings actually pleaded, if they can at
    14        all, in reaching a decision.
    15
    16   MR. RAMPTON:  That is one of the most difficult and
    17        controversial problems which exist, my Lord.
    18
    19   MR. JUSTICE BELL:  I did not know that.  I am not surprised,
    20        I have to say, to hear you say that.
    21
    22   MR. RAMPTON:  It is very difficult, but we will do the best we
    23        can on that one.
    24
    25   MR. MORRIS:  Do we know what the time-scale for this actual
    26        discussion in court and when the skeleton is likely to be,
    27        so we have time to get legal advice, between having the
    28        skeleton and the actual hearing?
    29
    30   MR. JUSTICE BELL:  Can you give any indication?
    31
    32   MR. RAMPTON:  No.
    33
    34   MR. JUSTICE BELL:  I think you have to go away and think about
    35        it.
    36
    37   MR. RAMPTON:  We have quite a lot to do if we are going to put
    38        it in writing before the hearing, and even if we are not.
    39        I suspect, if I am honest about it, it will be an activity
    40        that takes place for its major part during that week of
    41        the 24th.  Something will be ready for your Lordship and
    42        the Defendants towards the end of that week.
    43
    44   MR. JUSTICE BELL:  That is all I have to say this evening.  We
    45        will resume with Mr. Cox at 10.30 tomorrow morning.
    46
    47          (The court adjourned until the following day).
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