Day 057 - 29 Nov 94 - Page 59


     
     1        abundantly clear to the Defendants, bearing in mind they
     2        are litigants in person.  So I did not have to do that, but
     3        I went through it and I made sure hat I had put in orange
     4        what I think is there, an exhaustive list.  The reason it
     5        is exhaustive there is because it is slightly a matter of
     6        interpretation as to what one considers to be a repetition
     7        of that allegation complained or similar.  Therefore, it
     8        makes sense to put it in orange.  When it comes to whether
     9        somebody had been quoted, anybody can read the article and
    10        see that.  It may be it is an incorrect quotation, but it
    11        is quite apparent that it is an alleged quotation.
    12
    13   MR. JUSTICE BELL:  What about page 7 then?
    14
    15   MR. ATKINSON:   Page 7, your Lordship's understanding of it is
    16        correct, i.e. that is what being said there is, as it were,
    17        a comfort to the Defendants to say: We are not going to go
    18        beyond the issues that have been raised in the main
    19        action.  That is not to say that there are not some
    20        distinct issues obviously in relation to the Counterclaim,,
    21        but they tend to deal with other matters apart from what
    22        has come up relating to the defence for justification in
    23        the main action or defence of fair comment in the main
    24        action.  That is what is being said.  Your Lordship is
    25        entirely right in thinking that is what is being said
    26        there.
    27
    28        It is not saying anything other than we are restricting our
    29        case in that way.
    30
    31        Now the question of discovery has been gone into
    32        previously.  If there is any matter on that, that is a
    33        matter distinct from the Further and Better Particulars.
    34        That is matter on discovery.
    35
    36   MR. JUSTICE BELL:  The next was page 11 and the document 1.
    37
    38   MR. ATKINSON:   Document 6, was it not?
    39
    40   MR. JUSTICE BELL:  Yes, document 6.
    41
    42   MR. ATKINSON:   That is in appendix 1.
    43
    44   MR. JUSTICE BELL:  Yes, I have that.
    45
    46   MR. ATKINSON:   In relation to that, first of all, if it is a
    47        privileged document, then certainly we are not on this
    48        issue immediately so, in my submission, it might be
    49        appropriate just to go away and check on that matter as we
    50        have had no notice that was going to be raised.  But what 
    51        immediately springs to mind, my Lord, is that it may be 
    52        that a copy of what was a privileged document is not itself 
    53        privileged.  So, it may be that if a copy -- I am talking
    54        off the top of my head, my Lord -- is made not for a
    55        privileged purpose, as I understand it, whilst it is an
    56        extremely complicated subject, it may well be that that
    57        copy is not itself privileged.  But I am talking off the
    58        top of my head on that and, therefore, I would not really
    59        like to be tied to that.  Therefore, it does seem to
    60        me  -----

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