Day 157 - 18 Jul 95 - Page 32


     
     1        but  .....
     2
     3   MR. MORRIS:  So that is that.
     4
     5   MR. JUSTICE BELL:  Let us stick to the discovery at the moment
     6        so I can keep things in my mind.  Is there ---
     7
     8   MR. MORRIS:  I have a further point.
     9
    10   MR. JUSTICE BELL:  -- any further point on entitlement to
    11        discovery which you have in mind?
    12
    13   MR. MORRIS:  Yes, that on top of my understanding on that, then
    14        in particular in this case the transcripts are -- in our
    15        counterclaim, further and better particulars of the Defence
    16        to counterclaim, the Plaintiffs are relying -- I do not
    17        know if you would like to turn to this actually?
    18
    19   MR. JUSTICE BELL:  Yes.
    20
    21   MR. MORRIS:  Further and better particulars of the Defence to
    22        counterclaim.  It is page 8 of that particular document.
    23
    24   MR. JUSTICE BELL:  Yes.
    25
    26   MR. MORRIS:  On page 8 of the further and better particulars of
    27        the Defence to counterclaim, the Plaintiffs justified their
    28        leaflets attacking the Defendants for circulating what they
    29        call "lies" on the ground that on point D at the bottom of
    30        that page:  "We have never any or any substantial evidence
    31        to support the allegations complained of".
    32
    33   MR. JUSTICE BELL:  I am sorry, you say further and better
    34        particulars of the Defence to counterclaim?
    35
    36   MR. MORRIS:  Yes.  I have only an extract in front of me.  It
    37        was section 8.  It was section 8 and page 8 and section 8
    38        and (D).  I believe, if I remember rightly, they may have
    39        done two different further and better particulars.
    40
    41   MR. JUSTICE BELL:  There is one which was pursuant to an order
    42        which I made which was divider 5 in my bundle.  There is
    43        one which were voluntary particulars of Defence to
    44        counterclaim which is divider 7.
    45
    46   MR. MORRIS:  If I show it to Mr. Rampton, maybe he will
    47        remember?
    48
    49   MR. RAMPTON:  Yes.
    50 
    51   MS. STEEL:  It is Defence to counterclaim. 
    52 
    53   MR. RAMPTON:  My Lord, it is tab 4, the further and better
    54        particulars of the Defence to counterclaim, page 8,
    55        subparagraph (D).
    56
    57   MR. JUSTICE BELL:  Yes, thank you.
    58
    59   MR. MORRIS:  They have said that we are continuing to publish,
    60        or cause to be published, publication of false statements

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