Day 200 - 12 Dec 95 - Page 25


     
     1        this, but perhaps it is something that should also be
     2        considered by the court, about whether or not, as a matter
     3        of law, if the Plaintiffs have admitted something that is
     4        in their meaning and, therefore, removed it as an issue,
     5        whether the court can extend the meaning so that that
     6        admission no longer stands?
     7
     8   MR. JUSTICE BELL:  No.  Look at page 26.  I set out the meaning
     9        and immediately after that:  "In my judgment, this meaning
    10        falls within the scope of the meaning pleaded by the
    11        Plaintiffs and is defamatory of the Plaintiffs".
    12
    13   MR. MORRIS:  In that case then the Plaintiffs seem to have
    14        misled the court earlier on when they made their admissions
    15        which were intended to remove what would otherwise be an
    16        issue in the case.
    17
    18   MR. JUSTICE BELL:  I do not accept that.  I think, if you are
    19        thinking of getting advice, certainly take it, because, as
    20        I have said, although I must and want to try to help you
    21        get your case out, I am very reluctant to find myself in a
    22        position as if I were counsel or a solicitor giving you
    23        legal advice.
    24
    25   MR. MORRIS:  With respect, we feel that we have a grasp of the
    26        situation of what has happened in this issue.  Dealing with
    27        the meaning that you have ruled on, I think Mr. Rampton's
    28        submission was more in terms of a speech to ----
    29
    30   MR. JUSTICE BELL:  Do not tell me about that because I am not
    31        just going to sit here while comments are made.  I want you
    32        to grapple with who you want called and who you want to
    33        recall.
    34
    35   MR. MORRIS:  Yes.
    36
    37   MR. JUSTICE BELL:  It does not help me if one side or the other
    38        said:  "The other side have been doing this or have had
    39        that intention".  I just want to get to grips with what
    40        further evidence either side wish to call in order to mount
    41        comment, submissions, to me in due course.
    42
    43   MR. MORRIS:  Yes, but, if I may say, a lot of Mr. Rampton's
    44        submission was his attempt to move the goal posts even
    45        further by an interpretation of the meaning which you have
    46        ruled on, and if the goal posts have not moved enough
    47        already, it is clear that the -----
    48
    49   MR. JUSTICE BELL:  Mr. Morris, this is not helping me
    50        because  --- 
    51 
    52   MR. MORRIS:  I am just going to say, it is still clear ---- 
    53
    54   MR. JUSTICE BELL:  -- I do not accept Mr. Rampton is moving the
    55        goal posts, because you have heard me say, in any event,
    56        I was not going to decide that point in his favour now.
    57
    58   MS. STEEL:  Can I just say, the goal posts must have moved if
    59        the Plaintiffs have admitted something which removes an
    60        issue and now it has come back in.  The goal posts must

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