Day 057 - 29 Nov 94 - Page 55
1 asking him for his comments. The material in it is
2 privileged. I do not know either how they got hold of it,
3 why when they got hold of it they did not inform the person
4 who gave it to them that this was a privileged document.
5
6 MR. JUSTICE BELL: I will wait and see. Of course, they may or
7 may not have known that it was privileged. Are there any
8 other points in relation to the Further and Better
9 Particulars of the Defence?
10
11 MS. STEEL: Yes, there are.
12
13 MR. JUSTICE BELL: This is sticking to item 4 on Mr. Morris'
14 list. We are not on item 5 yet.
15
16 MS. STEEL: I am not sure what is going on here, but on page 19
17 under answer No. 13, I presume this is some kind of a
18 mistake, in the brackets it has got "C ..." and the first
19 two letters. Really the main point we have in relation to
20 these particulars being ----
21
22 MR. JUSTICE BELL: Is that your last point on the Particulars?
23
24 MS. STEEL: No. The main point is the last one really which is
25 on page 26 it is said in relation to both the
26 demonstrations and the fairs that the precise steps of
27 organisation of those series of demonstrations and fairs
28 must be known to the Defendants. Obviously that is not a
29 satisfactory answer in particulars. When we pleaded,
30 I think it was about two years ago now, that the Plaintiffs
31 must know their own rates of pay, therefore it was
32 unnecessary for us to say them, we said something similar
33 and we were ordered to give details of what our case was.
34 So a similar situation should arise here and they should
35 have to give those particulars.
36
37 MR. MORRIS: That would apply to all our pleadings. We have
38 said that if the Plaintiffs know the facts, whether they
39 are true or not, and we have been told our obligation to
40 give further particulars and prove them. Likewise they
41 have to as well.
42
43 MR. JUSTICE BELL: The same applies to 32, does it?
44
45 MS. STEEL: Yes, 32 and 33 are the same thing. They are
46 different but it is the same point.
47
48 MR. JUSTICE BELL: It is the same point.
49
50 MS. STEEL: I think they were the points I picked out where we
51 had concerns about the pleadings.
52
53 MR. JUSTICE BELL: Is there any further comments on the Further
54 and Better Particulars?
55
56 MS. STEEL: I do not think so. The only other thing that does
57 concern me, this is not just in relation to these Further
58 and Better Particulars, that the Plaintiffs keep relying on
59 whole bundles of leaflets. I wrote to them at some stage
60 and asked them to provide a list of when and where they say
