Day 308 - 28 Nov 96 - Page 38


     
     1
     2   MR. JUSTICE BELL:  I will say quarter past two, and I will ask
     3        Mr. Glen if he will come back shortly before quarter past.
     4        Since I am at the other end of the building, I do not come
     5        until he rings for me, anyway.
     6
     7   MR. RAMPTON:  I will send a message.
     8
     9                      (Luncheon Adjournment)
    10
    11   MR. MORRIS:  Can I just say one thing to clarify what I was
    12        saying at the end, before lunch?
    13
    14   MR. JUSTICE BELL:  Yes.
    15
    16   MR. MORRIS:  I was in such a rush.  It was something about using
    17        common sense.  It was not meant to imply that common sense
    18        does not get used normally, but what I was saying was in
    19        terms of this case being beyond all precedents in any
    20        number of respects, that it is particularly important to
    21        apply principles of common sense to already existing laws
    22        and procedures that may not be capable of coping with some
    23        of the matters in issue, and the implications of this case,
    24        in the normal way.
    25
    26        Because what I said before, about the unfairness and
    27        balance and the lack of legal aid, all those matters, all
    28        that should be borne in mind.  Applying principles of
    29        common sense to the spirit of the law and the spirit of
    30        justice in general may lead to the need to make some brave
    31        and useful decisions about libel cases such as this, and
    32        this particular case, which may go beyond previous
    33        precedents.
    34
    35        I hope that makes it clear.
    36
    37   MR. JUSTICE BELL:  Yes.
    38
    39   MR. MORRIS:  -- what I am saying.
    40
    41   MR. JUSTICE BELL:  Thank you.
    42
    43           Closing speech on behalf of the Plaintiffs
    44
    45   MR. RAMPTON:  My Lord, I might just say a word about that.  It
    46        is not my intention, in fact, at this stage, to say
    47        anything really at all about the merits, I just say this on
    48        behalf of my clients and, indeed, myself.
    49
    50        I have every confidence, over 30 years experience, that 
    51        English courts, be they judges or juries, by and large are 
    52        able, by a combination of common sense, appreciation of the 
    53        facts and a knowledge of the law, to arrive at the right
    54        decisions.  I do not associate myself with any of Mr.
    55        Morris', what I would say, rather unworthy sentiments.
    56
    57        Your Lordship has now got five files; in each of the files
    58        there is an index -- it is the same index in each one in
    59        the sense that the index is reproduced -- and also a key to
    60        the various abbreviations which I have used to save the

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