Day 149 - 06 Jul 95 - Page 39
1 Lordship will remember that we wrote a letter on
2 3rd February 1995 setting out, really to assist the
3 Defendants, what we thought were the documents or the
4 categories of documents which they ought to be looking to
5 disclose in relation to the counterclaim and its Defence.
6
7 Since then on 10th March 1995 have been served a quite
8 voluminous voluntary further and better particulars of the
9 Defence to counterclaim. My Lord, whatever obligations of
10 discovery the Defendants have under the counterclaim and
11 the Defence to counterclaim, plainly, must extend now to
12 everything that is in the voluntary further and better
13 particulars of the Defence to counterclaim.
14
15 My Lord, I will not now take your Lordship's time saying
16 what that extension actually is for this reason:
17 Mr. Atkinson and I have agreed that a further letter should
18 be sent to the Defendants drafted by Mr. Atkinson setting
19 out any additional documents or categories of documents to
20 those referred to in the letter of 3rd February which we
21 believe they are likely to have and should be disclosing.
22
23 I add only this, that all this material which we believe
24 relevant and disclosable relates also to the main action.
25 It relates to the issue of publication by way of
26 retrospective inference. It relates directly to the issue
27 of malice which is a continuing consideration, and
28 everything that the Defendants have said or done up to the
29 time of judgment is relevant to that issue so far as it is
30 apt to suggest to your Lordship a particular state of mind
31 of the Defendants, and to the same point in time it is
32 relevant to the question of whether your Lordship, if the
33 Plaintiffs are successful in this action, should grant a
34 permanent injunction retraining the Defendants from
35 repeating any of the allegations complained of. My Lord,
36 that is all I have to say.
37
38 MR. JUSTICE BELL: Yes, thank you. Now you have a right of
39 reply to Mr. Rampton's response to the matters of discovery
40 you ask for and in relation to the Plaintiffs' witness
41 statements.
42
43 MR. MORRIS: I will try to avoid responding to any of the slurs
44 and extreme language of the Plaintiffs. They obviously are
45 rattled about something -- I do not know what.
46
47 MS. STEEL: They are rattled about the truth coming out.
48
49 MR. JUSTICE BELL: It is really the discovery matters, apart
50 from anything you want to say about the witness statements,
51 copies of which were served on you. You do not have to say
52 anything at all; it is just it is those matters, some of
53 which Mr. Rampton has accepted require further enquiry. It
54 is if you think what he said about that is not satisfactory
55 and in relation to some of which -- if you like, I can give
56 you the headings so you can address me if you want to?
57
58 MR. MORRIS: I think I have most of the headings. The first
59 matter is Jill Barnes. There was just one thing I wanted
60 to say in addition which is that sub-headings of blanked
