Day 157 - 18 Jul 95 - Page 44


     
     1        and are already recorded in the transcripts which the
     2        Defendants have.
     3
     4        One goes forwards from there, my Lord, some 14 years to an
     5        application made by these very Defendants to the European
     6        Court, May 1993; an application made by these Defendants to
     7        the European Commission, complaining, amongst other things,
     8        that the failure -- my Lord, there is no usher; can I ask
     9        Mrs. Brinley-Codd to do the job?
    10
    11   MR. JUSTICE BELL:  Yes.
    12
    13   MS. STEEL:  We have not actually got a copy.
    14
    15   MR. RAMPTON:  It is coming.  My Lord, there does not seem to be
    16        a spare so I am afraid they will have to share just for
    17        once.
    18
    19        S & M on the left hand page, my Lord, CD 172.  My Lord,
    20        this is a record of the EHRRCD stands for, we believe,
    21        European Human Rights Reports Commission Digest.  These
    22        Defendants made an application to the European Court on the
    23        grounds, inter alia, that the failure of the United Kingdom
    24        to provide legal aid for defamation proceedings constituted
    25        a breach of Article 6, 6.1, on the basis that it denied
    26        them proper access to justice, to put it in summary form,
    27        and also, amongst other things, on the ground that it was a
    28        breach of Article 14, given the relative disparity and
    29        resources between themselves and McDonald's.
    30
    31        That, my Lord, as your Lordship will remember, is the
    32        property or status article.
    33
    34   MR. JUSTICE BELL:  Yes.
    35
    36   MR. RAMPTON:  Before I ask your Lordship to look at that
    37        report -----
    38
    39   MR. JUSTICE BELL:  I notice the first line of the facts.
    40
    41   MR. RAMPTON:  Yes, I noticed that too.  I say nothing about that
    42        at this stage.
    43
    44   MS. STEEL:   Just for the record, it was not us that said it.
    45
    46   MR. JUSTICE BELL:  I assume that was a misreporting ---
    47
    48   MS. STEEL:  Yes.
    49
    50   MR. RAMPTON:  I have a copy of the application which the 
    51        Defendants made. 
    52 
    53   MR. JUSTICE BELL:  -- and that it was not part of the
    54        Applicants' case that they did produce a leaflet.
    55
    56   MR. RAMPTON:  No, it is not actually admitted in the application
    57        itself.  What was said before the court, of course, I do
    58        not know because I was not there -- or, rather, the
    59        Commission.
    60

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