Day 087 - 10 Feb 95 - Page 34
1 what they are. The first is what we regard is outstanding
2 discovery not made by the Defendants in relation to the
3 issues of publication, injunction and malice and the
4 Defence to counterclaim. The second is the question of the
5 Defendants' employment witnesses. I say no more about that
6 at this stage.
7
8 MR. JUSTICE BELL: What do you want to deal with or embark on
9 trying to deal with this afternoon?
10
11 MR. MORRIS: That is a good question.
12
13 MR. JUSTICE BELL: Just sit down for a moment and think about
14 it.
15
16 MR. MORRIS: I am not sure exactly what the situation with
17 documents is because the Plaintiffs indicated that they had
18 some documents or they had further enquiries. I do not
19 know what progress there is on that. We have not been
20 served any.
21
22 MR. RAMPTON: My Lord, then once again I can try to make
23 things -- there is a letter which in part answers what
24 Mr. Morris has just asked dated today. I now hand it over
25 with a copy for your Lordship. I will not say anything
26 about it. I just invite your Lordship to read it.
27
28 MR. JUSTICE BELL: Should I put Mrs. Bensilum's statement behind
29 her present one which is, admittedly, in the publication
30 volume which is a rather different subject? It is yellow
31 24.
32
33 MR. RAMPTON: What Mrs. Brinley-Codd has suggested is if your
34 Lordship will wait a bit she will make a list of where she
35 thinks everything in this bundle should go.
36
37 MR. JUSTICE BELL: Very well. I will just hold on to it as a
38 complete unit.
39
40 MR. RAMPTON: My Lord, while I am dealing with that, there is a
41 document emanating from Mr. Ashley Bowes which I anticipate
42 he may wish to refer to in his evidence-in-chief on
43 Monday. It is the RSPCA Freedom Food Welfare Standards for
44 Pigs. I pass copies across now and one for your Lordship
45 which Mrs. Brinley-Codd says should go in yellow volume IX,
46 tab 7, behind Mr. Bowes' statement. My Lord, in
47 addition -----
48
49 MR. JUSTICE BELL: Might I just ask, is this a document you are
50 familiar with in any event -- Ms. Steel, particularly?
51
52 MS. STEEL: I am aware of it, yes.
53
54 MR. RAMPTON: It is obtainable from the RSPCA if anybody is
55 interested; certainly Mr. Bowes is an, no doubt, Ms. Steel
56 is too. My Lord, then I now formally make service of a
57 counter notice requiring the attendance of Mr. Colin Clark
58 at court as a witness on behalf of the Defendants. My
59 Lord, there is with it a letter which not necessarily but
60 I believe advisedly I supplied a copy for your Lordship to
