Day 245 - 07 May 96 - Page 40
1 ignored several letters.
2
3 MS. STEEL: No, it is a later pleading than that I am referring
4 to.
5
6 MR. JUSTICE BELL: Is it your pleading or the Plaintiffs's
7 pleading?
8
9 MS. STEEL: Our pleading. I think it is the very last pleading
10 that we served in relation to the counterclaim. Not the
11 very last one that they served but the very last one we
12 served.
13
14 MR. JUSTICE BELL: In Further and Better Particulars of your
15 Reply to the Defence to your Counterclaim you said, among
16 other matters:
17
18 "the Second Plaintiff" -- that is the UK company -- "is
19 fully aware that prior to service of the writs in the main
20 action neither they nor solicitors acting on their behalf
21 had ever written to London Greenpeace nor to individuals
22 involved with the group stating that the company considered
23 the fact sheet to be defamatory or requesting that the
24 group cease distribution of the fact sheet."
25
26 Is that what you have in mind?
27
28 MS. STEEL: Yes. Could you tell me the date of that?
29
30 MR. JUSTICE BELL: That is dated 25th September last year.
31
32 MS. STEEL: Thank you.
33
34 MR. JUSTICE BELL: Just pause a moment (Pause) yes.
35
36 MS. STEEL: Do you know when it was after that particular
37 pleading was served, which the judge has just read out,
38 that you became aware of this point that you had never
39 written to us or the group about----
40 A. It was fairly recently.
41
42 Q. Fairly recently?
43 A. Yes.
44
45 Q. You said you spoke to people before you put this in your
46 statement?
47 A. Yes.
48
49 Q. Was that just on the day or was that over a period of time
50 so you had a chance to check your records and things like
51 that?
52 A. Well, this is pretty straightforward stuff. A person
53 admits they made a mistake. A file was not there. They
54 tried to do it from memory. It did not work. They got
55 something wrong. I accepted they made a mistake and the
56 pleadings have been or are going to be amended accordingly.
57 I took them at their word.
58
59 Q. Well, if I put to you that those pleadings were served in
60 September 1995, and you wrote your statement on 8th March
