Day 057 - 29 Nov 94 - Page 59
1 abundantly clear to the Defendants, bearing in mind they
2 are litigants in person. So I did not have to do that, but
3 I went through it and I made sure hat I had put in orange
4 what I think is there, an exhaustive list. The reason it
5 is exhaustive there is because it is slightly a matter of
6 interpretation as to what one considers to be a repetition
7 of that allegation complained or similar. Therefore, it
8 makes sense to put it in orange. When it comes to whether
9 somebody had been quoted, anybody can read the article and
10 see that. It may be it is an incorrect quotation, but it
11 is quite apparent that it is an alleged quotation.
12
13 MR. JUSTICE BELL: What about page 7 then?
14
15 MR. ATKINSON: Page 7, your Lordship's understanding of it is
16 correct, i.e. that is what being said there is, as it were,
17 a comfort to the Defendants to say: We are not going to go
18 beyond the issues that have been raised in the main
19 action. That is not to say that there are not some
20 distinct issues obviously in relation to the Counterclaim,,
21 but they tend to deal with other matters apart from what
22 has come up relating to the defence for justification in
23 the main action or defence of fair comment in the main
24 action. That is what is being said. Your Lordship is
25 entirely right in thinking that is what is being said
26 there.
27
28 It is not saying anything other than we are restricting our
29 case in that way.
30
31 Now the question of discovery has been gone into
32 previously. If there is any matter on that, that is a
33 matter distinct from the Further and Better Particulars.
34 That is matter on discovery.
35
36 MR. JUSTICE BELL: The next was page 11 and the document 1.
37
38 MR. ATKINSON: Document 6, was it not?
39
40 MR. JUSTICE BELL: Yes, document 6.
41
42 MR. ATKINSON: That is in appendix 1.
43
44 MR. JUSTICE BELL: Yes, I have that.
45
46 MR. ATKINSON: In relation to that, first of all, if it is a
47 privileged document, then certainly we are not on this
48 issue immediately so, in my submission, it might be
49 appropriate just to go away and check on that matter as we
50 have had no notice that was going to be raised. But what
51 immediately springs to mind, my Lord, is that it may be
52 that a copy of what was a privileged document is not itself
53 privileged. So, it may be that if a copy -- I am talking
54 off the top of my head, my Lord -- is made not for a
55 privileged purpose, as I understand it, whilst it is an
56 extremely complicated subject, it may well be that that
57 copy is not itself privileged. But I am talking off the
58 top of my head on that and, therefore, I would not really
59 like to be tied to that. Therefore, it does seem to
60 me -----
