Day 280 - 17 Jul 96 - Page 17
1 size, be it substantial or small but moderate, and a sum
2 which would, to which contribution would make a real
3 difference between the Defendants being able to fulfill
4 their obligation to pay over to the McDonald's or not being
5 able to at all, through one means or another.
6
7 So, it is a difficult thing for someone without any
8 instructions and shooting in the dark, but one can conceive
9 of a sum which, with contributions from others involved,
10 the liability by the Defendants would be manageable and
11 however poor or rich the Defendants that is obviously a
12 very real issue for them.
13
14 My Lord, the lack of funds of the Defendants is
15 relevant in the other way that I have sketched in my
16 skeleton, which is that if they had to issue fresh
17 proceedings they would be unable to get legal aid because
18 it would still be relating to a defamation matter and they
19 could potentially be shut out from any contribution which
20 they may in law be entitled to have because they felt
21 unable or unwilling to pursue further protracted
22 proceedings in this Court, over whatever period it was, at
23 the termination of this case.
24
25 I am already reminded, and the Court is well aware,
26 that this is already the longest case in libel history
27 etc.. But that is a very real consideration, that all the
28 parties, but particularly those that are unrepresented, are
29 thoroughly exhausted and the prospect of initiating new
30 proceedings, if necessary, at the turn of the year is a
31 very daunting one for people who are unable to get legal
32 advice and representation for that and therefore there are
33 difference considerations, and that is something which can
34 be taken into account in determining the exercise of the
35 Court's discretion.
36
37 The other point that I would like to make in relation
38 to this is that insofar as there may be prejudice by any
39 delay in any case, to some extent responsibility for the
40 delay here lies at the door of the Plaintiffs because,
41 after all, they amended their case very late in the day to
42 encompass a claim for damages in relation to dissemination
43 and onward dissemination by prospective third parties and
44 therefore they can hardly now cry foul when the Defendants
45 say, "Well, if you are asking us to pay for what these
46 people did, we want these people to come and pay up as
47 well."
48
49 My Lord, I do not think there is anything else I can
50 usefully add.
51
52 MR. JUSTICE BELL: That is extremely helpful. I am grateful,
53 Mr. Starmer. Yes, Mr. Atkinson?
54
55 MR. ATKINSON: I am in a slightly odd role because I do not
56 represent the third party, I only represent the Plaintiffs
57 in this action, so I see my role, if I can put it
58 pompously, as twofold. One is to protect my client's
59 interests. Secondly, I would just make a few comments
60 which may just be of assistance to the Court.
