Day 057 - 29 Nov 94 - Page 63


     
     1   MR. ATKINSON:   Yes, then there are some more in the next one.
     2        It comes to probably about 60 or 65 in the end, if you go
     3        through all the appendices.
     4
     5   MR. JUSTICE BELL:  You do not have to tell me how tiresome it
     6        is, but some of them, where they do not already have dates
     7        on them as some in fact do, you could put an approximate
     8        date or "date not known" on, could you not?  Then one could
     9        then see how it relates in time to the alleged publication
    10        of the actual leaflet in question in this case.
    11
    12   MR. ATKINSON:   I will do that.  Obviously, one point that we
    13        are keen to stress, although it is not directly related to
    14        the Further and Better Particulars -- it is in one sense
    15        but it is indirectly related anyway -- is that the time is
    16        now coming where there has to be discovery in relation to
    17        the counterclaim from the Defendants.
    18
    19   MR. JUSTICE BELL:  Thank you very much.  I will hear what the
    20        Defendants wish to say in reply.  It might be helpful if
    21        you just took two or three sentences now, if you can, to
    22        say in their hearing what sort of documents you think there
    23        may be, Mr. Atkinson, which the Defendants may have and, if
    24        they do have them, which would you would argue in due
    25        course if it comes to an issue on the point are
    26        discoverable?  Are you able to do that now?  If you are
    27        not, I will not put you to the test.  If you can give some
    28        help so that they can hear it, it might be helpful.
    29
    30   MR. ATKINSON:   It seems to me that if they had a diary, for
    31        example, that might be relevant; if there was
    32        correspondence between members of London Green Peace, that
    33        might be an example; if in fact, even I suppose, the fact
    34        that they have in their possession, if there were drafts;
    35        if they were in their possession -- sorry, I am now running
    36        out of ideas -- Mr. Rampton is saying letters to printers.
    37        If they had any other record of involvement, I do not know,
    38        if they might possibly have photographs for all we know of
    39        the occasion, they may have kept newspaper clippings of the
    40        occasion from which an inference might be drawn.
    41        Mrs. Brinley-Codd is adding in minutes of meeting.
    42
    43   MR. JUSTICE BELL:  Thank you Mr. Atkinson.  What, if anything,
    44        do you want to say in reply -- you do not have to say
    45        anything about discovery because that has not come up yet
    46        as an issue -- to what Mr. Atkinson has said?
    47
    48   MS. STEEL:  If Mr. Atkinson is saying it is limited to the
    49        documents in here, then while we are not entirely happy
    50        about that I accept there is not much more they can say 
    51        about that.  My concern was that I thought by saying the 
    52        bit about giving examples they were saying that the 
    53        documents in the appendices were just examples, so it might
    54        go wider than that.
    55
    56        When he said the point about the main action, he still did
    57        not say whether he was referring to the entire pleadings or
    58        the Statement of Claim, so I am not sure what the position
    59        is on that.  I think it would be helpful if they specified
    60        whether it is the entire defence pleadings or whether it is

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