Day 308 - 28 Nov 96 - Page 38
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2 MR. JUSTICE BELL: I will say quarter past two, and I will ask
3 Mr. Glen if he will come back shortly before quarter past.
4 Since I am at the other end of the building, I do not come
5 until he rings for me, anyway.
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7 MR. RAMPTON: I will send a message.
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9 (Luncheon Adjournment)
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11 MR. MORRIS: Can I just say one thing to clarify what I was
12 saying at the end, before lunch?
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14 MR. JUSTICE BELL: Yes.
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16 MR. MORRIS: I was in such a rush. It was something about using
17 common sense. It was not meant to imply that common sense
18 does not get used normally, but what I was saying was in
19 terms of this case being beyond all precedents in any
20 number of respects, that it is particularly important to
21 apply principles of common sense to already existing laws
22 and procedures that may not be capable of coping with some
23 of the matters in issue, and the implications of this case,
24 in the normal way.
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26 Because what I said before, about the unfairness and
27 balance and the lack of legal aid, all those matters, all
28 that should be borne in mind. Applying principles of
29 common sense to the spirit of the law and the spirit of
30 justice in general may lead to the need to make some brave
31 and useful decisions about libel cases such as this, and
32 this particular case, which may go beyond previous
33 precedents.
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35 I hope that makes it clear.
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37 MR. JUSTICE BELL: Yes.
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39 MR. MORRIS: -- what I am saying.
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41 MR. JUSTICE BELL: Thank you.
42
43 Closing speech on behalf of the Plaintiffs
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45 MR. RAMPTON: My Lord, I might just say a word about that. It
46 is not my intention, in fact, at this stage, to say
47 anything really at all about the merits, I just say this on
48 behalf of my clients and, indeed, myself.
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50 I have every confidence, over 30 years experience, that
51 English courts, be they judges or juries, by and large are
52 able, by a combination of common sense, appreciation of the
53 facts and a knowledge of the law, to arrive at the right
54 decisions. I do not associate myself with any of Mr.
55 Morris', what I would say, rather unworthy sentiments.
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57 Your Lordship has now got five files; in each of the files
58 there is an index -- it is the same index in each one in
59 the sense that the index is reproduced -- and also a key to
60 the various abbreviations which I have used to save the
