Day 094 - 01 Mar 95 - Page 45


     
     1        not matter whether it is something to do with a law case or
     2        a sporting event, you know, that just did not happen that
     3        way.  So, one is bound to look at the Civil Evidence Act
     4        notices which are based on journalistic articles in a
     5        critical way.  I am only saying this not because I have
     6        made up my mind but so that you can see what you might run
     7        up against.
     8
     9   MR. MORRIS:  If we can just may be put a bit of a context to
    10        this issue:  We are being sued by an American corporation
    11        and, inevitably, it is difficult for us to get all the
    12        source material on every subject of this vast case.  What
    13        weight you give to any evidence brought is, obviously, your
    14        decision, but in America, for example, this would be
    15        admissible evidence in a libel case, but here it is not.
    16
    17   MR. JUSTICE BELL:  I am not prepared to accept that.
    18
    19   MR. MORRIS:  No, I understand that.
    20
    21   MR. JUSTICE BELL:  I do not know whether it would or not.  When
    22        we come, for instance, to an issue on your counterclaim as
    23        to whether if "lies" means saying something knowing that it
    24        is untrue, then may be this is relevant, I do not know.
    25        All I am going to say at the moment is in relation to
    26        something like this where we have matters which are
    27        portrayed in an article as the statement of some person,
    28        I think you do have to follow the Civil Evidence Act
    29        procedure if you want to get it in full.  I do not think
    30        you can just say:  "We want to put a Civil Evidence notice
    31        on that".  Where we go from there is partly a matter of law
    32        and partly a matter of exercise of my discretion and,
    33        ultimately, at the end of the day a judgment, if it does go
    34        in, as to what, if any, weight can be attached to it in the
    35        light of whatever other evidence there is in the case.
    36
    37   MR. RAMPTON:  My Lord, the reason I intervened was that
    38        I detected from the line of Ms. Steel's questioning --
    39        normally speaking, I do not bother about this sort of thing
    40        as long as the press are not here; I know what the
    41        Defendants do with the records of proceedings and I shall
    42        deal with that in due course but, as long as the press are
    43        not here, I am not in the least bit affected by the thought
    44        of what your Lordship may make of unsubstantiated
    45        allegations of this kind.  What I am concerned about is
    46        that I should not be put in a position at this stage of the
    47        case of having to answer ----
    48
    49   MR. JUSTICE BELL:  No, I think that is entirely -- I have to
    50        leave that to you.  It is entirely a matter for you.  It 
    51        seems to me it is entirely a matter for the Defendants as 
    52        to whether they seek to serve a Civil Evidence Act notice 
    53        and, if they do that and in so far as I have any discretion
    54        in the matter, I allow them to do so and they jump the
    55        various hurdles ---
    56
    57   MR. RAMPTON:  Then I have to make the decision -----
    58
    59   MR. JUSTICE BELL:  Then you have to -----
    60

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