Day 311 - 06 Dec 96 - Page 18


     
     1
     2   MR. JUSTICE BELL:  Or some other -----
     3
     4   MR. MORRIS:  Yes.  On day 249, page 57 -----
     5
     6   MR. JUSTICE BELL:  Just pause, Mr. Morris, please.  I will give
     7        you your opportunity.  I want to find one thing at a time.
     8        (Pause)  Let me just take it stage by stage.
     9
    10   MR. RAMPTON:  Does your Lordship have that pink file?
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    12   MR. JUSTICE BELL:  Yes.
    13
    14   MR. RAMPTON:  The only one I am aware of is at tab 6.
    15
    16   MR. JUSTICE BELL:  I think, as Ms. Steel was going to say, that
    17        in actual fact refers to the threat (as it is described)
    18        already made, does it not?
    19
    20   MR. RAMPTON:  It may do.  I am afraid I have not read it.
    21
    22   MR. JUSTICE BELL:  Underneath the "Reggie the Veggie".
    23
    24   MR. RAMPTON:  Mrs. Brinley-Codd cannot help, because she did not
    25        deal with the matter; it was dealt with by Mr. Jenkins.
    26
    27   MR. JUSTICE BELL:  Could you give me your reference, Mr. Morris,
    28        please?
    29
    30   MR. MORRIS:  Yes.  On day 249, page 57.
    31
    32   MR. JUSTICE BELL:  Which date?
    33
    34   MR. MORRIS:  14th May 1996, day 249, Mr. Nicholson, examined by
    35        Mr. Rampton.  It says "examined by Mr. Rampton", but then
    36        it says Ms. Steel was questioning him.  He went up to
    37        Nottingham.  Question, line 146: "Were you involved with
    38        that litigation?"  Answer: "Well, I knew it was going on.
    39        I mean, I dealt with it with Barlow Lyde & Gilbert, yes."
    40        Question: "Was that under your authorisation?"
    41        Answer:  "Yes."
    42
    43   MS. STEEL:   The reference that I was thinking of this morning,
    44        if I just mention that as well, it is 23rd May 1996,
    45        day 255, page 8.  I asked Mr. Nicholson -- this is starting
    46        at line 9 -- "What was the position with the Veggies
    47        fact sheet:  was it your idea to take action over it?
    48        I mean, by taking action, that included writing a
    49        solicitors' letter."
    50 
    51        Mr. Nicholson said: "Yes, I would certainly bring it to the 
    52        attention of Barlow's, and we would sit around and discuss 
    53        what we needed to do and either Barlow's advised me or
    54        I asked Barlow's to write to Veggies."
    55
    56        I said: "Was that a similar situation where you sat down
    57        with the leaflet and went through it and picked out all the
    58        parts you considered to be libelous?"
    59
    60        He says: "I am not sure.  I can remember the document

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