Day 149 - 06 Jul 95 - Page 39


     
     1        Lordship will remember that we wrote a letter on
     2        3rd February 1995 setting out, really to assist the
     3        Defendants, what we thought were the documents or the
     4        categories of documents which they ought to be looking to
     5        disclose in relation to the counterclaim and its Defence.
     6
     7        Since then on 10th March 1995 have been served a quite
     8        voluminous voluntary further and better particulars of the
     9        Defence to counterclaim.  My Lord, whatever obligations of
    10        discovery the Defendants have under the counterclaim and
    11        the Defence to counterclaim, plainly, must extend now to
    12        everything that is in the voluntary further and better
    13        particulars of the Defence to counterclaim.
    14
    15        My Lord, I will not now take your Lordship's time saying
    16        what that extension actually is for this reason:
    17        Mr. Atkinson and I have agreed that a further letter should
    18        be sent to the Defendants drafted by Mr. Atkinson setting
    19        out any additional documents or categories of documents to
    20        those referred to in the letter of 3rd February which we
    21        believe they are likely to have and should be disclosing.
    22
    23        I add only this, that all this material which we believe
    24        relevant and disclosable relates also to the main action.
    25        It relates to the issue of publication by way of
    26        retrospective inference.  It relates directly to the issue
    27        of malice which is a continuing consideration, and
    28        everything that the Defendants have said or done up to the
    29        time of judgment is relevant to that issue so far as it is
    30        apt to suggest to your Lordship a particular state of mind
    31        of the Defendants, and to the same point in time it is
    32        relevant to the question of whether your Lordship, if the
    33        Plaintiffs are successful in this action, should grant a
    34        permanent injunction retraining the Defendants from
    35        repeating any of the allegations complained of.  My Lord,
    36        that is all I have to say.
    37
    38   MR. JUSTICE BELL:  Yes, thank you.  Now you have a right of
    39        reply to Mr. Rampton's response to the matters of discovery
    40        you ask for and in relation to the Plaintiffs' witness
    41        statements.
    42
    43   MR. MORRIS:  I will try to avoid responding to any of the slurs
    44        and extreme language of the Plaintiffs.  They obviously are
    45        rattled about something -- I do not know what.
    46
    47   MS. STEEL:  They are rattled about the truth coming out.
    48
    49   MR. JUSTICE BELL:  It is really the discovery matters, apart
    50        from anything you want to say about the witness statements, 
    51        copies of which were served on you.  You do not have to say 
    52        anything at all; it is just it is those matters, some of 
    53        which Mr. Rampton has accepted require further enquiry.  It
    54        is if you think what he said about that is not satisfactory
    55        and in relation to some of which -- if you like, I can give
    56        you the headings so you can address me if you want to?
    57
    58   MR. MORRIS:  I think I have most of the headings.  The first
    59        matter is Jill Barnes.  There was just one thing I wanted
    60        to say in addition which is that sub-headings of blanked

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