Day 142 - 26 Jun 95 - Page 64


     
     1
     2   MR. RAMPTON:  No. 2 is important but not very long.  No. 3 is a
     3        matter for the Defendants -- I am sorry, I have them the
     4        wrong way around.  No. 3 will take a little time because
     5        I have noticed (and so has Mr. Atkinson) that the
     6        Defendants have made very little discovery in relation to
     7        questions such as publication, malice and the injunction.
     8        That is documents dating from 1989 -----
     9
    10   MR. JUSTICE BELL:  2 and 3 really go together, do they not?
    11
    12   MR. RAMPTON:  No, my Lord, they do not really.  Our application
    13        is in relation to quite different issues -- no, 2 is
    14        specific.  It arises out of something that Ms. Steel said
    15        the other day in court.  It is specific.  That is why it is
    16        short.  4 is the Defendants's application.  5 is an
    17        application by us for some particulars that we have asked
    18        for at the end of May.  6 is very short.  7 will not take
    19        very long.  8, my Lord, I want to say something about.  I
    20        do not want to mislead your Lordship into thinking we have
    21        been able to do that because we have not and I will explain
    22        why.
    23
    24        9 is obviously important because that is Ms. Hovi as well
    25        as Mr. Bone.  Then 10 as well is important because there is
    26        a whole raft of outstanding evidence.  11 and 12, my Lord,
    27        we propose to leave because Barlow's departments, if I can
    28        call them that, are going to produce a little memorandum or
    29        note for your Lordship about what they think the legal
    30        position is.  That is what that means, 11 and 12.
    31
    32   MR. JUSTICE BELL:  So that goes over for the moment, does it?
    33
    34   MR. RAMPTON:  My Lord, yes, until it is ready and then we will
    35        give it to your Lordship and to the Defendants.
    36
    37   MR. JUSTICE BELL:  Which was the other one which you are not
    38        ready on yet, 8 was it?
    39
    40   MR. RAMPTON:  8, my Lord, all I would say about 8 is that we
    41        have looked at the problem and we do not think we can do
    42        it.  What your Lordship asked us to do was to check to see
    43        what the Defendants had got was the same as what is in the
    44        witness bundles, or in the court bundles.  My Lord, having
    45        thought about that, the only way we can be sure is by
    46        looking at what the Defendants have got and, obviously, we
    47        cannot do that.  It has to be done by them if there is a
    48        concern about it.  They have the court bundle and they have
    49        the statements we served on them, so .....
    50 
    51   MS. STEEL:  Yes, but we do not have the spare time.  We are here 
    52        in court every day of the week. 
    53
    54   MR. JUSTICE BELL:  No, in that case that has to be left over as
    55        well.
    56
    57   MR. RAMPTON:  Yes, that will have to be left over.
    58
    59   MR. JUSTICE BELL:  It will come up again if it comes up again.
    60

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