Day 248 - 13 May 96 - Page 44


     
     1
     2   Q.   In paragraph 17, towards the bottom of the page, you say,
     3        "I am informed that at the time the Company customer
     4        leaflet and media briefings were prepared, the 1984
     5        London Greenpeace file was not available and the
     6        information relating to it was based on the understanding
     7        of the partner conducting this litigation who had not the
     8        conduct of the matter in 1984."  Who is it that you are
     9        referring to there?
    10        A.  I think it was Ian Jenkins, but I am not sure if he was
    11        the individual.
    12
    13   Q.   In 1984?
    14        A.  Yes.
    15
    16   Q.   But who is the partner that you are referring to now
    17        conducting -- the understanding of the partner conducting
    18        this litigation?
    19        A.  Well, Mrs. Brinley-Codd.
    20
    21   Q.   Incidentally, while we have got this open, this bit about,
    22        "I am informed that our lawyers have checked the matter
    23        and will apply to amend the proceedings accordingly", has
    24        that been done?
    25
    26   MR. RAMPTON:  Not yet.
    27
    28   MR. JUSTICE BELL:  You know as well as anyone -----
    29
    30   MS. STEEL:   I thought maybe --  I mean, I lose track of what
    31        has been served, to be honest.  I am trying to keep it
    32        under control.
    33
    34   MR. RAMPTON:  My Lord, a draft has been done.  It is only a
    35        question of finding time, as ever.
    36
    37   MR. JUSTICE BELL:  I am not at all convinced it needs
    38        application to amend if it has been made quite clear in
    39        open court that that is not now the parties' case on a
    40        matter I am not saying is not important, but is not in the
    41        main thrust of claim and counterclaim.  But it is up to
    42        Mr. Rampton whether he does apply for leave to amend.
    43
    44   MS. STEEL:   It is a main thrust of the counterclaim, about the
    45        fact that they have lied to the public.
    46
    47   MR. JUSTICE BELL:  But it is the answer to what you put in your
    48        counterclaim.
    49
    50   MS. STEEL:   Yes. 
    51 
    52   MR. JUSTICE BELL:  It is not in the main thrust of the claim, 
    53        nor the main thrust of the counterclaim.  I do not think
    54        you would necessarily have to amend.  If you were
    55        withdrawing something in your defence to the claim, for
    56        instance, I do not think you would necessarily have to
    57        amend to withdraw it.  You would just say, "That is not our
    58        case any longer", and the same might apply.  But I will
    59        wait and see.
    60

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