Day 307 - 27 Nov 96 - Page 46


     
     1        and, if it is, then the jury decides the matter whether
     2        there was actual malice or express malice.
     3
     4        So when you have, in effect, for the last twenty minutes,
     5        before we broke off -- quarter of an hour before we broke
     6        off -- even addressing me on matters of law, because
     7        whether it is a privileged occasion, depending on what the
     8        facts are of course, is a matter of law, and when you say
     9        it has to be an immediate response to avoid harm being done
    10        that is a proposition of law, not a proposition of fact.
    11        Having said that, whether it is an immediate response or
    12        not is a matter of fact.  The proposition it has to be a
    13        immediate response to avoid harm being done is a
    14        proposition of law, so you are arguing the law as you go
    15        along.
    16
    17        So I would like you to tell me at some stage what you are
    18        hoping -- not what you are proposing -- because whether you
    19        do what you propose to do is entirely a matter for me, but
    20        what you are hoping to be able to do so far as arguments
    21        are of law are concerned.  At the moment I don't know
    22        whether you are going to argue matters of law, whether they
    23        are going to be in writing, helpfully provided by someone,
    24        perhaps a qualified lawyer who has prepared to do some work
    25        on your behalf, or what.  Get on with your submissions, but
    26        bear this in mind, because it will not be any use saying on
    27        Monday, 16th December, "We want to address you for a week
    28        on the law".  You can forget that right now.
    29
    30   MR. MORRIS:   Right.  We have had patchy help on the law, and
    31        the point is we need to draw what we have got together and
    32        we did identify 14 areas of law, if you remember, in our
    33        skeleton, in our schedule, most of which I think we have
    34        got something patchy in writing.  The question is putting
    35        it together.
    36
    37   MR. JUSTICE BELL:   What I suggest you do -----
    38
    39   MR. MORRIS:  -- chasing up people.
    40
    41   MR JUSTICE BELL:  From some time tomorrow onwards you are going
    42        to be listening to Mr. Rampton.  At the moment, the plan is
    43        that we will not sit on Friday anyway, no doubt reading
    44        what he has put in writing, but it gives you time out of
    45        court to think about these things.
    46
    47        What I do urge you to do is put as much of your legal
    48        submissions, or indeed all of them if you possibly can, in
    49        writing, preferably word processed and then at, some stage
    50        you can hand those to me and then, in all probability, 
    51        there will be time for you to say, "I would like to expand 
    52        on this", "I would like to expand on that", but I can take 
    53        them away with me when I reserve judgment, as I will take
    54        away Mr. Rampton's and my note of anything he said in
    55        elaboration or anything in response to me, and re-read the
    56        authorities which I think are helpful and re-read parts of
    57        the text books which I think are helpful before deciding
    58        what I think the propositions of law are which apply to the
    59        issues in this case, just as I did in the first part of my
    60        ruling on the meaning of nutrition.  Do you remember, when

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