Day 057 - 29 Nov 94 - Page 65


     
     1        a grudge up in some branch of McDonald's or something like
     2        that?
     3
     4   MR. JUSTICE BELL:  Whether or not that is realistic, that is
     5        just what I have said, that if they cannot attach them to
     6        you in some way, then they cannot be held against you.
     7
     8   MS. STEEL:   I think they should have to make plain how they are
     9        seeking to attach them to us before witnesses come to be
    10        called and things like, so that we know what case we have
    11        to meet.  Another example is the document that we talked
    12        about being privileged, we do not know how they got hold of
    13        that, but we certainly object to them relying on it as a
    14        leaflet that is being distributed because it was not a
    15        leaflet.
    16
    17   MR. JUSTICE BELL:  You have heard what Mr. Atkinson said about
    18        that.  He is going to look into it and it may turn out it
    19        is privileged or that they accept it is privileged or they
    20        may have an argument it is not.
    21
    22   MS. STEEL:  What I am saying is, irrespective whether it is
    23        privileged or not, it is not a leaflet.  If they want to
    24        rely on it as a leaflet, they have to show that it was
    25        distributed as opposed to sent to one of our potential
    26        witnesses who they happen to somehow get a copy of it.  The
    27        point is if they do not specify where and when they got
    28        these leaflets ----
    29
    30   MR. JUSTICE BELL:  Mr. Atkinson is going to look into.  Maybe he
    31        will come back and say: "We say it was distributed by the
    32        Defendants in such and such circumstances."  Maybe he will
    33        come back and say: "Well, we do not know where it comes
    34        from and, on the face of it, it looks as if it might be
    35        privileged so we will abandon that."
    36
    37   MS. STEEL:  I am using that as letter as an example of the
    38        problem of just allowing the Plaintiffs to put in a whole
    39        bundle of documents without specifying where and when they
    40        came from, and how they are attaching to them to us.  It
    41        makes it impossible for us to prepare our defence.
    42
    43   MR. JUSTICE BELL:  Is there anything else you want to say,
    44        Mr. Morris?
    45
    46   MR. MORRIS:  Yes.  I have to leave to pick up my son in a
    47        moment.
    48
    49   MR. JUSTICE BELL:  I am not going to give my decision tonight.
    50        Since I have reserved my decision on the other matter of 
    51        pleading, I will reserve my decision on this matter of 
    52        pleading and give them both together in due course.  Is 
    53        there quickly anything further you want to add to what
    54        Ms. Steel has said?
    55
    56   MR. MORRIS:  No, not about the counterlcaim.
    57
    58   MR. JUSTICE BELL:  We will break there anyway and pick up the
    59        other points at some stage in the future.
    60

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