Day 262 - 13 Jun 96 - Page 39
1 back into life; and that is (b). Third, that, in any
2 event, in pursuit of those instructions, they gave the
3 Plaintiffs authority or imprimatur to the activities of the
4 group and, in particular, distributions of the leaflet
5 complained of, by their mere presence at meetings and their
6 attendance at the meetings.
7
8 So, my Lord, then, three things are relevant: first, what
9 were the instructions; second, what did the agents do in
10 relation to the campaign in general from October 1989 until
11 -- and I would say the cut-off date must clearly be the
12 date of the issue of the writ, and I will return to that in
13 a moment to explain why I say that, if I may -- which is
14 20th September 1990; and, third, what they did in relation
15 specifically to meetings at which copies of the leaflet
16 complained of were available for distribution and were
17 distributed. To that end, we have -----
18
19 MR. JUSTICE BELL: Let me make a note of it.
20
21 MR. RAMPTON: I am sorry. In connection with those three
22 separate but connected allegations, we have tendered
23 certain evidence which we would not otherwise have done;
24 and I will come back to the consequences of that in a
25 moment. That evidence has been confined, I hope, so far as
26 it has been possible, to those three questions, which are
27 relevant questions.
28
29 There was an earlier stage -- and it is right to notice
30 this now -- I forget when, 1995, I think, at which we
31 extended our evidence to demonstrate the extent of the
32 Defendants' involvement or participation in the group's
33 activities at large.
34
35 So, in effect, one has four issues arising since the
36 original witness statements were served to which the
37 evidence of the inquiry agents -- and, indeed,
38 Mr. Nicholson and Mr. Preston -- has been relevant: how
39 far the Defendants participated; what was the nature of the
40 participation in the group's activities; what the
41 instructions to the inquiry agents were -----
42
43 MR. JUSTICE BELL: Am I supposed to be taking this down?
44
45 MR. RAMPTON: I am sorry. Am I going too quickly?
46
47 MR. JUSTICE BELL: I certainly cannot write a note at that
48 speed, and I do not know whether I will get a transcript or
49 not.
50
51 MR. RAMPTON: This is legal argument, so you will, certainly.
52
53 MR. JUSTICE BELL: Yes. It is merely that if I am expected to
54 give a very prompt ruling, I may not get the transcript.
55
56 MR. RAMPTON: How far shall I go back?
57
58 MR. JUSTICE BELL: You said there were four questions.
59
60 MR. RAMPTON: Yes. Four questions -- and I will do it slowly,
