Day 242 - 29 Apr 96 - Page 52


     
     1
     2                            (Short adjournment)
     3
     4   MS. STEEL:   There are a couple of things which I do not think
     5        will take very long.  The first one is on page 8 of the
     6        Voluntary Particulars of Defence to Counterclaim.  That is
     7        the first set.
     8
     9   MR. JUSTICE BELL:  Are those the ones in the new bundle?
    10
    11   MS. STEEL:  They are not the ones that were served recently.
    12
    13   MR. JUSTICE BELL:  No.
    14
    15   MR. ATKINSON:  They should be at tab 7, I think, my Lord.  They
    16        are the ones on 10th March of last year.
    17
    18   MR. JUSTICE BELL:  Yes.
    19
    20   MS. STEEL:  This could be left until the end of the trial, but
    21        it just seems that there is absolutely no evidence at all
    22        for the first part of (ix), which is the first full
    23        paragraph on that page.  The first part of (ix) is
    24        incorrect, but the second part there is absolutely no
    25        evidence of that at all anywhere that I have seen, and
    26
    27   MR. JUSTICE BELL: That Mr. Morris attended the ----
    28
    29   MS. STEEL:   I am on page 8.  It says:
    30
    31        "The fact that during the course of the trial the
    32        Defendants have had in their possession in court a file of
    33        copy transcripts of the proceedings marked 'returned to
    34        them McLibel 2' or words to like effect" and that we did
    35        say on a previous occasion it said "returned to the McLibel
    36        Defendants", but the second part of that paragraph there
    37        absolutely no evidence for that at all.
    38
    39   MR. JUSTICE BELL:  Let me just read it again.  Do you mean the
    40        third sentence?
    41
    42   MS. STEEL: "It is to be inferred that that file has been used by
    43        the Defendants and/or their supporters in the McLibel
    44        support campaign" -- and then something in brackets -- "in
    45        order to produce material for the McLibel support
    46        campaign".
    47
    48        There is absolutely no evidence of that anywhere.  I have
    49        not really gone through this with a fine toothcomb.  At the
    50        end of the day, we have absolutely nothing to hide about 
    51        the purposes of those files, so I am not particularly 
    52        worried. 
    53
    54   MR. JUSTICE BELL:  Is that the only one you are particularly
    55        concerned with?
    56
    57   MS. STEEL:  The only other thing that I was a bit concerned
    58        about, having just spotted it, is that on page 12, the very
    59        last sentence under 7(b): "It is the Plaintiffs' contention
    60        that the Defendants and each of them as members of

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