Day 057 - 29 Nov 94 - Page 63
1 MR. ATKINSON: Yes, then there are some more in the next one.
2 It comes to probably about 60 or 65 in the end, if you go
3 through all the appendices.
4
5 MR. JUSTICE BELL: You do not have to tell me how tiresome it
6 is, but some of them, where they do not already have dates
7 on them as some in fact do, you could put an approximate
8 date or "date not known" on, could you not? Then one could
9 then see how it relates in time to the alleged publication
10 of the actual leaflet in question in this case.
11
12 MR. ATKINSON: I will do that. Obviously, one point that we
13 are keen to stress, although it is not directly related to
14 the Further and Better Particulars -- it is in one sense
15 but it is indirectly related anyway -- is that the time is
16 now coming where there has to be discovery in relation to
17 the counterclaim from the Defendants.
18
19 MR. JUSTICE BELL: Thank you very much. I will hear what the
20 Defendants wish to say in reply. It might be helpful if
21 you just took two or three sentences now, if you can, to
22 say in their hearing what sort of documents you think there
23 may be, Mr. Atkinson, which the Defendants may have and, if
24 they do have them, which would you would argue in due
25 course if it comes to an issue on the point are
26 discoverable? Are you able to do that now? If you are
27 not, I will not put you to the test. If you can give some
28 help so that they can hear it, it might be helpful.
29
30 MR. ATKINSON: It seems to me that if they had a diary, for
31 example, that might be relevant; if there was
32 correspondence between members of London Green Peace, that
33 might be an example; if in fact, even I suppose, the fact
34 that they have in their possession, if there were drafts;
35 if they were in their possession -- sorry, I am now running
36 out of ideas -- Mr. Rampton is saying letters to printers.
37 If they had any other record of involvement, I do not know,
38 if they might possibly have photographs for all we know of
39 the occasion, they may have kept newspaper clippings of the
40 occasion from which an inference might be drawn.
41 Mrs. Brinley-Codd is adding in minutes of meeting.
42
43 MR. JUSTICE BELL: Thank you Mr. Atkinson. What, if anything,
44 do you want to say in reply -- you do not have to say
45 anything about discovery because that has not come up yet
46 as an issue -- to what Mr. Atkinson has said?
47
48 MS. STEEL: If Mr. Atkinson is saying it is limited to the
49 documents in here, then while we are not entirely happy
50 about that I accept there is not much more they can say
51 about that. My concern was that I thought by saying the
52 bit about giving examples they were saying that the
53 documents in the appendices were just examples, so it might
54 go wider than that.
55
56 When he said the point about the main action, he still did
57 not say whether he was referring to the entire pleadings or
58 the Statement of Claim, so I am not sure what the position
59 is on that. I think it would be helpful if they specified
60 whether it is the entire defence pleadings or whether it is
