Day 249 - 14 May 96 - Page 50
1 Gilbert to write a letter to London Greenpeace?
2 A. No, I did not make notes of instructions to Barlow Lyde
3 & Gilbert.
4
5 Q. You did not write a memo to Paul Preston saying, "I am
6 going to instruct them to write a letter"?
7 A. No.
8
9 Q. Would you not have had to ask Mr. Preston's -----
10 A. No, that would have been within my domain.
11
12 Q. You could just start proceedings?
13 A. No, no, I could not start proceedings.
14
15 Q. All right. You could just write out, ask the solicitors to
16 write threatening letters?
17 A. Not threatening letters.
18
19 Q. Well, I mean, that is effectively what they are?
20 A. No, I do not think they are.
21
22 MR. JUSTICE BELL: It would be much better in your questions if
23 you left out the word "threatening" because -----
24
25 MS. STEEL: They are; they are threatening legal action. That
26 is the point.
27
28 MR. JUSTICE BELL: The trouble is, you treat that as a threat.
29 Other people treat it as their constitutional right. I do
30 not want to decide the argument now, but if you put
31 "threatening letter" in, even if the factual context apart
32 from the word "threatening" is entirely accepted by the
33 witness, he is bound to disagree with the question. So you
34 will get somewhere a lot quicker if you leave out what may
35 be the emotive word "threatening" and just refer to the
36 letter.
37
38 MS. STEEL: I thought they were called "threatening letters".
39
40 MR. JUSTICE BELL: No, of course they are not. It is the last
41 thing in the world they are called. "Letters before
42 action" or "solicitors' letters" they are referred to.
43 Before this case I had never heard them called "a
44 threatening letter" in 30 years' litigation. You see,
45 other people may be in the same position. It is just that
46 I think you will get further quicker if you miss the word
47 out. That is all.
48
49 MS. STEEL: I am not quite sure how to describe them.
50
51 MR. JUSTICE BELL: Describe them as a "solicitors' letter".
52 That is what they are normally referred to in the courts
53 as.
54
55 MS. STEEL: I cannot remember what the question was.
56 (To the witness): You could just ask the solicitors to
57 write letters to people over matters such as this without
58 consulting Mr. Preston?
59 A. Yes, for the initial action, certainly. I mean, that
60 was my responsibility.
