Day 057 - 29 Nov 94 - Page 62
1 on the leaflet. In some cases, I remember -----
2
3 MR. JUSTICE BELL: I may have misunderstood what the request for
4 particulars were. I think you are probably quite right.
5 The details asked are not necessarily related directly to
6 the Defendants but just when and where each leaflet was
7 published.
8
9 MR. ATKINSON: In some cases we know, my Lord; in some cases we
10 can only derive that by looking at the particular leaflet,
11 reading the contents of it and saying that must have
12 appeared some time towards the end, say, of 1993/1992.
13 I say that because that is precisely the exercise I did.
14 What I have tried do, and I have to be quite honest, I may
15 in one or two cases have put the thing in the wrong
16 chronological order, but what I did at the time was where
17 it does not have summary 8.93, I read them and I made a
18 judgment as to when they would have been published.
19
20 It can be taken that the order in which they appear in the
21 appendices is, in fact, the chronological order as
22 contended for by the Plaintiffs. That may be wrong, but
23 that is what our case is in relation to when they were
24 published.
25
26 But I am afraid that in some cases because they have been
27 handed to our clients, they do not always know precisely
28 when they were produced. It is one thing as to when they
29 were produced and, of course, it is another thing as to
30 when they were, perhaps, handed out or distributed through
31 the post, if indeed they were.
32
33 So, I do not really think, with respect to the Defendants,
34 there is much more that can be done on that because I have
35 sought to do that exercise, but on that I will do anything
36 that your Lordship thinks would be helpful. As far as the
37 Defendants' involvement is concerned, that again is really
38 a matter of inference. I have set that out in virtually
39 really quite extensive detail in the course of these
40 Further and Better Particulars. I have given every single
41 fact upon which we base that inference.
42
43 MR. JUSTICE BELL: You see, the request under A and B is at
44 page 5, when, where and how it was published by the First
45 Defendant and when, where and how it was published by the
46 Second Defendant.
47
48 MR. ATKINSON: Yes. I actually answer that at the very end.
49 It is on page 16, going over to 17. I will not read it
50 out. Your Lordship can read that. But I think that is the
51 wrapping up paragraph.
52
53 MR. JUSTICE BELL: Let me have a look. What you could do -- how
54 many of these leaflets are there altogether?
55
56 MR. ATKINSON: I do not know now. There are about -----
57
58 MR. JUSTICE BELL: I think we go up to about 32 or 33, do we
59 not?
60
