Day 057 - 29 Nov 94 - Page 62


     
     1        on the leaflet.  In some cases, I remember -----
     2
     3   MR. JUSTICE BELL:  I may have misunderstood what the request for
     4        particulars were.  I think you are probably quite right.
     5        The details asked are not necessarily related directly to
     6        the Defendants but just when and where each leaflet was
     7        published.
     8
     9   MR. ATKINSON:   In some cases we know, my Lord; in some cases we
    10        can only derive that by looking at the particular leaflet,
    11        reading the contents of it and saying that must have
    12        appeared some time towards the end, say, of 1993/1992.
    13        I say that because that is precisely the exercise I did.
    14        What I have tried do, and I have to be quite honest, I may
    15        in one or two cases have put the thing in the wrong
    16        chronological order, but what I did at the time was where
    17        it does not have summary 8.93, I read them and I made a
    18        judgment as to when they would have been published.
    19
    20        It can be taken that the order in which they appear in the
    21        appendices is, in fact, the chronological order as
    22        contended for by the Plaintiffs.  That may be wrong, but
    23        that is what our case is in relation to when they were
    24        published.
    25
    26        But I am afraid that in some cases because they have been
    27        handed to our clients, they do not always know precisely
    28        when they were produced.  It is one thing as to when they
    29        were produced and, of course, it is another thing as to
    30        when they were, perhaps, handed out or distributed through
    31        the post, if indeed they were.
    32
    33        So, I do not really think, with respect to the Defendants,
    34        there is much more that can be done on that because I have
    35        sought to do that exercise, but on that I will do anything
    36        that your Lordship thinks would be helpful.  As far as the
    37        Defendants' involvement is concerned, that again is really
    38        a matter of inference.  I have set that out in virtually
    39        really quite extensive detail in the course of these
    40        Further and Better Particulars.  I have given every single
    41        fact upon which we base that inference.
    42
    43   MR. JUSTICE BELL:  You see, the request under A and B is at
    44        page 5, when, where and how it was published by the First
    45        Defendant and when, where and how it was published by the
    46        Second Defendant.
    47
    48   MR. ATKINSON:   Yes.  I actually answer that at the very end.
    49        It is on page 16, going over to 17.  I will not read it
    50        out.  Your Lordship can read that.  But I think that is the 
    51        wrapping up paragraph. 
    52 
    53   MR. JUSTICE BELL:  Let me have a look.  What you could do -- how
    54        many of these leaflets are there altogether?
    55
    56   MR. ATKINSON:   I do not know now.  There are about -----
    57
    58   MR. JUSTICE BELL:  I think we go up to about 32 or 33, do we
    59        not?
    60

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