Day 157 - 18 Jul 95 - Page 33
1 -- it is at the bottom of that paragraph --
2 "notwithstanding that we never had any or any substantial
3 evidence to support the allegations complained of". Then
4 over the page "... and despite the lack of any or any
5 substantial support for the allegations in the evidence
6 served in the main action by way of discovery and witness
7 statements, by which we include also the statements made by
8 witnesses in the witness box but which are evidence in the
9 case".
10
11 So, the Plaintiffs are seeking to rely for their proof of
12 our knowing that the London Greenpeace leaflets, or
13 whatever, are false or lies on us not having any support
14 for those facts or opinions in the evidence in the case as
15 a whole. But we would say that the evidence of their
16 witnesses in the witness box or, in fact, both sides'
17 witnesses in the witness box is support, obviously, for the
18 correctness of the London Greenpeace leaflets of various
19 kinds, and we know that, not just because we have been able
20 to take a note but because transcripts exist which have
21 that evidence in them.
22
23 So, we would contend that by the Plaintiffs' own admission
24 they are relying on the material generally in this case to
25 try and prove the correctness of their defence to our
26 counterclaim. Therefore, we are entitled to have whatever
27 records, official records especially, or the transcripts,
28 we are entitled to have those to use them in defence of
29 ourselves or to promote our counterclaim against them and
30 again, therefore, they are discoverable documents on those
31 grounds as well.
32
33 I have got some other matters to bring up, but they are not
34 in a very good order. So I will just do it as I come to
35 them to make sure I have not actually forgotten anything
36 that may be important.
37
38 MR. JUSTICE BELL: You are staying on transcripts, are you?
39
40 MR. MORRIS: Yes, it is all about transcripts. I am going to
41 finish up with the Order 18, rule 19 matter, but, before
42 I come on to that, just to refresh the court's memory as to
43 the power to order transcripts to be provided to
44 impecunious litigants for a Court of Appeal -- I know that
45 was gone over before so I will not go into that in
46 any detail -- but to say that we will cite that as a matter
47 of principle that the courts have accepted and if it is to
48 the benefit of a defendant -- of a party that they have
49 access to transcripts in order to take a matter to the
50 Court of Appeal, then it should also be in the interests
51 that a defendant has a transcript to prosecute what is the
52 case, to defend themselves by exception, certainly, of
53 course, in the case where the other party has the
54 transcript already.
55
56 MS. STEEL: We were going to hand up a copy of the letter that
57 we wrote to the Lord Chancellor last week, (handed) an
58 application for the Lord Chancellor's Department to
59 underwrite the costs of transcripts to the conclusion of
60 the trial since we are both in receipt of income support
