Day 146 - 03 Jul 95 - Page 10


     
     1        statement, the next one:  "It is hard to remember what you
     2        were doing on a particular day."  Then she says this:  "I
     3        do have good reason for a firm belief I was not handing out
     4        the leaflet.  I do not particularly want to go further than
     5        this because I am not giving evidence at present, but it
     6        will be contested and it is not something that is new."
     7
     8        My Lord, if that is a reference to some reason for your
     9        Lordship to believe that Ms. Steel did not hand out the
    10        leaflet which is the subject of this action, and that
    11        reason is not included in her witness statement, then she
    12        must, in my respectful submission, make a further witness
    13        statement setting out anything she has to say which goes
    14        beyond the four walls of her witness statement on this
    15        subject.  The same, of course, applies to Mr. Morris though
    16        to be fair to him -----
    17
    18   MR. JUSTICE BELL:  I recall -- perhaps someone might try and
    19        find it at some stage -- saying a few weeks ago that
    20        I thought the Defendants' case was not a denial that they
    21        handed out but, as it were, putting McDonald's to proof.
    22        The reason I said that was that in the course of the
    23        interlocutory hearings in the Autumn term of 1993 my
    24        recollection is -- if anyone could find the reference,
    25        I would be grateful -- when I made some reference to
    26        publication being denied, Mr. Morris said, "It is not
    27        denied", or words to that effect, and that he did not admit
    28        participating in the publication.
    29
    30        It is so long ago my recollection may be quite unreliable
    31        and wrong, but if anyone does have the reference, be it
    32        Mr. Morris or if Mr. Atkinson could find it, I would be
    33        grateful for it.  But your point in any event is that if
    34        there is a positive case in some way being put forward
    35        which does not appear in the statement of Ms. Steel or
    36        Mr. Morris, then that should be put right.
    37
    38   MR. RAMPTON:  Because they are not entitled to keep it up their
    39        sleeve until they give evidence; we may have to deal with
    40        it, apart from anything else.
    41
    42        The position as I see it is exactly the same as your
    43        Lordship's impression, save for this, that Ms. Steel
    44        answered an interrogatory about one alleged occasion of
    45        distribution when she says:  "I do not remember doing so
    46        but I do not think I did so", or words to that effect.
    47
    48   MR. JUSTICE BELL:  Yes.  What I have said just now was not
    49        directed at Ms. Steel.  It was my recollection of what
    50        Mr. Morris said and whatever common cause they may have in 
    51        other factors.  I have not put them necessarily in the same 
    52        categories so far as publication is concerned. 
    53
    54   MR. RAMPTON:  With that minor reservation that Ms. Steel simply
    55        says she does not think so, I am taking it that we were
    56        really just being put to proof.  If there is a positive
    57        case that they are going to make, then we must be told
    58        about it.
    59
    60        My Lord, that is that out of the way.  That, I think, means

Prev Next Index