Day 263 - 14 Jun 96 - Page 16


     
     1
     2   MR. JUSTICE BELL:  As a matter of practice, I have to say I am
     3        not sure that criminal experience is really relevant to the
     4        civil procedure, because there are all sorts of practices
     5        in criminal procedure which arise from leaning over
     6        backwards -- some people nowadays say too far backwards --
     7        to ensure that no one is wrongly convicted.  The procedures
     8        are not the same.
     9
    10   MS. STEEL:   But then -- I mean, this is -- with regards to
    11        publication, it should be comparable.  I mean, the
    12        sanctions can be as bad.
    13
    14   MR. JUSTICE BELL:  The civil and criminal procedures are not the
    15        same.  There are very more stringent rules in criminal
    16        procedure than there are in civil procedure -- the most
    17        obvious being the standard of proof.
    18
    19   MS. STEEL:  I am just trying to go -- because some of them I do
    20        not need to deal with, the points I have written down.
    21
    22        Can I just say, actually, on a previous occasion,
    23        Mr. Rampton did say that all references to myself,
    24        Mr. Morris and McDonald's had been disclosed; and, as we
    25        have now seen with the latest set of disclosures, that was
    26        not in fact the case, because we have got a whole host of
    27        pages, some of them new dates where McDonald's is referred
    28        to, some of them old dates where there were references to
    29        McDonald's or to us, which have now been unblanked out.
    30        I can refer you to the last occasion when he said it, if
    31        that is of any help.  It was on day 164.  I will just check
    32        what day that is.  Day 164.
    33
    34   MR. JUSTICE BELL:  Yes.  I do not have my transcripts that far
    35        back in court.
    36
    37   MS. STEEL:   It is Tuesday, 26th September of last year.  On
    38        page 48, Mr. Rampton said at line 14:
    39
    40        "We have left in all records of their attendance and all
    41        records of their contribution, even where, as sometimes
    42        happened, Mr. Morris's contribution was by telephone, he
    43        was not actually at the meeting.  In effect, all references
    44        to the Defendants and all references to McDonald's have
    45        been left in."
    46
    47   MR. RAMPTON:  My Lord, that is in relation to an application by
    48        the Defendants to have the blanked out parts of disclosed
    49        documents uncovered; that is what that means.
    50 
    51   MS. STEEL:   Well, if it is helpful, it is actually my 
    52        recollection that it was not just in relation to the bits 
    53        that had been blanked out; it was also bits which had not
    54        been disclosed anyway -- sorry -- dates which have not been
    55        disclosed anyway.
    56
    57        There was a reference in the notes of 14th June 1990 of
    58        Mr. Bishop, which was previously blanked out, to the
    59        London Greenpeace fair, and Paul Gravett introducing the
    60        format of that; and, obviously, the Plaintiffs are relying

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