Day 280 - 17 Jul 96 - Page 17


     
     1        size, be it substantial or small but moderate, and a sum
     2        which would, to which contribution would make a real
     3        difference between the Defendants being able to fulfill
     4        their obligation to pay over to the McDonald's or not being
     5        able to at all, through one means or another.
     6
     7             So, it is a difficult thing for someone without any
     8        instructions and shooting in the dark, but one can conceive
     9        of a sum which, with contributions from others involved,
    10        the liability by the Defendants would be manageable and
    11        however poor or rich the Defendants that is obviously a
    12        very real issue for them.
    13
    14             My Lord, the lack of funds of the Defendants is
    15        relevant in the other way that I have sketched in my
    16        skeleton, which is that if they had to issue fresh
    17        proceedings they would be unable to get legal aid because
    18        it would still be relating to a defamation matter and they
    19        could potentially be shut out from any contribution which
    20        they may in law be entitled to have because they felt
    21        unable or unwilling to pursue further protracted
    22        proceedings in this Court, over whatever period it was, at
    23        the termination of this case.
    24
    25             I am already reminded, and the Court is well aware,
    26        that this is already the longest case in libel history
    27        etc..  But that is a very real consideration, that all the
    28        parties, but particularly those that are unrepresented, are
    29        thoroughly exhausted and the prospect of initiating new
    30        proceedings, if necessary, at the turn of the year is a
    31        very daunting one for people who are unable to get legal
    32        advice and representation for that and therefore there are
    33        difference considerations, and that is something which can
    34        be taken into account in determining the exercise of the
    35        Court's discretion.
    36
    37             The other point that I would like to make in relation
    38        to this is that insofar as there may be prejudice by any
    39        delay in any case, to some extent responsibility for the
    40        delay here lies at the door of the Plaintiffs because,
    41        after all, they amended their case very late in the day to
    42        encompass a claim for damages in relation to dissemination
    43        and onward dissemination by prospective third parties and
    44        therefore they can hardly now cry foul when the Defendants
    45        say, "Well, if you are asking us to pay for what these
    46        people did, we want these people to come and pay up as
    47        well."
    48
    49             My Lord, I do not think there is anything else I can
    50        usefully add.
    51
    52   MR. JUSTICE BELL:  That is extremely helpful.  I am grateful,
    53        Mr. Starmer.  Yes, Mr. Atkinson?
    54
    55   MR. ATKINSON:   I am in a slightly odd role because I do not
    56        represent the third party, I only represent the Plaintiffs
    57        in this action, so I see my role, if I can put it
    58        pompously, as twofold.  One is to protect my client's
    59        interests.  Secondly, I would just make a few comments
    60        which may just be of assistance to the Court.

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