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
