Day 146 - 03 Jul 95 - Page 32
1 far because we have not been able to put our hands on
2 anything we think the Defendants ought to be seeing. We
3 may have missed something. It does not mean to say there
4 is nothing at all.
5
6 MR. JUSTICE BELL: Can you tell me what the position is if your
7 list would have nothing on it? Does the affidavit just
8 say, "There are no documents, therefore we cannot make a
9 list of them"? I have never had this situation before.
10
11 MR. ATKINSON: I suppose we would not serve a list but we would
12 do the affidavit.
13
14 MR. JUSTICE BELL: I am just thinking of what the Defendants
15 might do.
16
17 MR. ATKINSON: Quite frankly ----
18
19 MR. JUSTICE BELL: You cannot have a list with nothing on it,
20 can you? That is my only point.
21
22 MR. ATKINSON: No. If they wanted to do it in a form of an
23 affidavit saying, "There are no documents under this
24 particular head", fine.
25
26 MR. JUSTICE BELL: You either want a list verified by affidavit
27 or a very short affidavit saying, "There are no documents
28 which are relevant to these matter"?
29
30 MR. ATKINSON: Yes. We are more concerned with the affidavit
31 than the list.
32
33 MR. JUSTICE BELL: Yes, very well.
34
35 MR. ATKINSON: My Lord, there are, no doubt, Further and Better
36 Particulars in relation to that issue, but they are not
37 important in the way they were for issues (c) and (d)
38 because they were actually brought up in the Further and
39 Better Particulars, those issues (c) and (d). That is why
40 we actually referred to demonstrations and fairs. For
41 these purposes one only need look at the Defence to
42 Counterclaim to see there is an issue. I do not know
43 whether if I took your Lordship, I think I probably have
44 not, to the Defence to Counterclaim to show where we deal
45 with this particular meaning. That is on page 3 of the
46 Defence to Counterclaim at (c) which is our Lucas-Box
47 meaning.
48
49 MR. JUSTICE BELL: In the defence to counterclaim paragraph 7
50 subparagraph (c) that is where the ignoring starts.
51
52 MR. ATKINSON: That is right. So that is our Lucas-Box
53 paragraph. Then the particulars ----
54
55 MS. STEEL: Sorry. We have heard of Lucas-Box before, but I am
56 not 100 per cent sure what is meant ----
57
58 MR. ATKINSON: It is quite wrong of me to talk in those terms.
59 I will explain it. That is the meaning that the Second
60 Plaintiff is seeking to justify. Then on page 9 of that
