Day 280 - 17 Jul 96 - Page 24


     
     1   MR. JUSTICE BELL:  Thank you.  I will just look at it, Mr.
     2        Atkinson.
     3
     4   MR. STARMER:   Really, section 1.1 is the nature, and the damage
     5        comes back to the argument I made a little earlier.  The
     6        damage they are claiming is the damage to their reputation
     7        by dissemination whenever and wheresoever, and so long as
     8        that pleading stands and so long as their case is put on
     9        that basis these Defendants are entitled to claim against
    10        anyone else who would be liable for that damage.  I.e. who
    11        contributed to that dissemination.
    12
    13   MR. JUSTICE BELL:  Yes.
    14
    15   MR. STARMER:   So, no concession is made; full concession is
    16        made this morning and even if so far as it is put by Mr.
    17        Atkinson, that it is highly arguable that there was express
    18        or implied consent as to dissemination by the proposed
    19        third parties, he is very keen to emphasise that is the
    20        personal dissemination.  Still, even today, I do not think,
    21        has he conceded that if the involvement of the proposed
    22        third parties in their involvement in the group meant that
    23        the group disseminated, or those within the group
    24        disseminated, the leaflet more widely that also comes
    25        within the ambit of his concession, and therefore it is
    26        still a live issue between the parties and as the basis on
    27        which these Defendants can be held liable in damages and
    28        under section 1-1, in my submission, it is a basis for them
    29        to launch these proceedings.
    30
    31             Finally, so far as is concerned--
    32
    33   MR. JUSTICE BELL:   I need not trouble you about that.
    34
    35   MR. STARMER:   I do not know whether I can help further.
    36
    37   MR. JUSTICE BELL:  No.  I am grateful Mr. Starmer.  What I will
    38        do is give my ruling on this matter at half-past-twelve.
    39
    40   MR. JUSTICE BELL:  Mr. Starmer, if you wish to stay, please do.
    41
    42   MR. STARMER:   I will, yes.
    43
    44   MR. JUSTICE BELL:  But no offence will be taken if you do
    45        leave.
    46
    47                          (Short adjournment)
    48
    49             (Ruling followed -- see separate transcript)
    50
    51             Now, what do you want to go on to next?  Do you want
    52        to go on to the question of Miss Clauphine Carston's
    53        statement?
    54
    55   MR. MORRIS:  There is Miss Clauphine Carston's matter.  We want
    56        to read out Susanna Hecht.
    57
    58   MR. RAMPTON:  That is opposed.  So there will have to be an
    59        argument.
    60

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