Day 242 - 29 Apr 96 - Page 49
1 MR. JUSTICE BELL: Please get in touch with him as soon as
2 possible. I suggest you send a photocopy of the whole of
3 professor Naismith's evidence, but tell him he will only be
4 expected to deal with pages 6 to 8, a paragraph on page 11
5 and a paragraph on page 12.
6
7 MS. STEEL: OK.
8
9 MR. JUSTICE BELL: Do you object to the voluntary particulars?
10 If they go in, they ought to be called voluntary
11 particulars and not voluntary particulars of this and that,
12 because they are both voluntary particulars of the claim as
13 well as the defence to counterclaim.
14
15 MR. RAMPTON: Yes, they are. My Lord, I asked Mr. Atkinson to
16 deal with all that.
17
18 MR. JUSTICE BELL: I want to ask the Defendants what they think,
19 because the position is this basically, as I understand it
20 at the moment, the topics they deal with, the first
21 voluntary particulars are directed at the claim that you
22 published the words complained of, but not alleging a new
23 publication, just alleging things you have done since which
24 it is said might encourage the view that you were involved
25 in the publication originally; the claim for an injunction
26 in the main action; the issue of your alleged malice
27 concerning the matters complained of in the main action,
28 and justification, alleged qualified privilege so far as
29 the defence to counterclaim is concerned.
30
31 The recent voluntary particulars allege additional matters
32 which relate to the claim for an injunction in the main
33 action, the issue of your alleged malice in relation to the
34 matters complained of in the main action, and justification
35 of qualified privilege so far as the defence to
36 counterclaim is concerned.
37
38 On my reading of them, they raise matters which, if you
39 give evidence, Mr. Rampton would be entitled to put to you
40 in cross-examination, if he chose, and I think almost
41 entirely, if not entirely, they refer to documents which
42 have already been served. So one possibility would be to
43 say, well, it is just giving you notice of the way the
44 material which is already in the case will be put to you in
45 cross-examination is to be used by the Plaintiffs. But if
46 you do want to object, tell me about it.
47
48 MS. STEEL: I mean, the principle I was raising the other day
49 was really whether the Plaintiffs were entitled to just
50 plead voluntary particulars and not ask for leave to
51 basically amend their case, which is what they appear to be
52 doing, because, obviously, that should apply to us as well,
53 then we could, you know, add parts to our case without
54 asking for -----
55
56 MR. JUSTICE BELL: I am assuming the note to which Mr. Rampton
57 referred to before was right. It really comes to this, it
58 seems to me, if you choose to make no objection, then they
59 can stay in as part of the pleadings in this instant, but
60 if you say, "Yes, we do object", then Mr. Atkinson (who
