Day 309 - 03 Dec 96 - Page 69
1 technicality that something is important, which is a
2 defamation against us, then we would like that to be
3 pleaded and accept as a pleading at this late stage for
4 that to be included. We believe the law is that you have
5 discretion up to the end of the case to include any matter
6 and it is not -----
7
8 MR. JUSTICE BELL: You have to make a formal application and
9 this time I want a draft. I still do not have in my papers
10 a word processed or typed up draft of your pleading of
11 consent to publication.
12
13 MS. STEEL: Do you not? I thought we handed one up.
14
15 MR. JUSTICE BELL: No.
16
17 MS. STEEL: I have one here, but I can get a photocopy tomorrow.
18
19 MR. JUSTICE BELL: It is important for this reason: I actually
20 can cope without it, but if the matter does go any further,
21 someone is going to open it up in another court and say,
22 "Where is the pleading in relation to this?"
23
24 MR. MORRIS: Right. Can I just say, though, in terms of a
25 formal application, which I am quite happy -- we have to do
26 something in writing -- that obviously it does not produce
27 any unfairness on behalf of the Plaintiffs as it has
28 already been argued overnight -----
29
30 MR. JUSTICE BELL: If you make an application, then I want you
31 to tell me what you want to put in to amend and I will hear
32 whether Mr. Rampton has any objection to it and what the
33 basis of what his objection is and I will give leave or
34 otherwise.
35
36 MR. MORRIS: OK.
37
38 MR. RAMPTON: My Lord, I do think immediately of one possible
39 difficulty, so far as I am concerned. It is too late for
40 me to call anybody to explain how that mistake was made,
41 should I wish to do so.
42
43 MR. JUSTICE BELL: Yes. Although it is 20 past 4, I would like
44 to see where we are going, because I have one or two
45 queries on the body of ---
46
47 MR. RAMPTON: The text?
48
49 MR. JUSTICE BELL: -- of your submissions, but they will not
50 take very long.
51
52 MR. RAMPTON: Is that employment?
53
54 MR. JUSTICE BELL: No, that is recycling and waste.
55
56 MR. RAMPTON: Yes.
57
58 MR. MORRIS: Can I just say one point I forgot to make, which is
59 when I referred in my closing speech to -- I kept saying
60 about the press release; I was, in fact, referring to the
