Day 307 - 27 Nov 96 - Page 65


     
     1        sheet starts being printed out -- and I should remind you
     2        that these pages that are all stapled together do not come
     3        from the same source, so it should not be taken that they
     4        were all from the same source -- in the top right-hand
     5        corner it says "HTTP", and then various dots and
     6        slashes, "WWW, McSpotlight Org/case/pretrial/fact sheet
     7        HTML".
     8
     9        Now, as I understand it, the "case/pretrial/fact sheet"
    10        means that this is the section of the site that the fact
    11        sheet is found in; and, therefore, the fact sheet is in the
    12        section about the case, about the trial.  In fact, it does
    13        actually say here, just right ahead of the graphic showing
    14        the front page of the fact sheet, just above that it says,
    15         "The out of print original fact sheet, subject of the
    16        libel action"; and it is quite clear that the context in
    17        which it is being put is: "This is what the libel action is
    18        about."
    19
    20        So, again, it is a similar situation to Mr. Rampton reading
    21        out the fact sheet at the beginning of the trial.  People
    22        are entitled to report on what this case is about and to
    23        let people see the subject matter of the case.  So, it
    24        would be a privileged publication even if the Plaintiffs
    25        could show that we were in any way responsible for it --
    26        which, personally, I don't think that they can.  Anyway,
    27        that is all I have got to say, really.  It is privileged on
    28        the grounds of reporting a current court case.  I will
    29        leave it there for tonight.
    30
    31   MR. JUSTICE BELL:   Very well.  Do you have a copy of the
    32        British Coal Corporation transcript which I could take away
    33        overnight?  Have you got one which you have not written all
    34        over?
    35
    36   MS. STEEL:   I have not got a spare one.  I have not written on
    37        it, but I could wait around, if it is possible to get a
    38        copy before I go, or something like that.
    39
    40   MR. RAMPTON:   My Lord, can I bring one tomorrow morning for
    41        your Lordship?
    42
    43   MR. JUSTICE BELL:  You can.  I was going to say I will read it
    44        overnight.  I may be able to get a copy off French L.J.'s
    45        clerk.
    46
    47   MS. STEEL:   It is actually not very long.  I am quite happy to
    48        lend it to make a copy.
    49
    50   MR. RAMPTON:   I do not recommend that your Lordship spend a 
    51        long time over it.  It is not very long, I do not think. 
    52 
    53   MR JUSTICE BELL:   If you do not mind waiting for 10 minutes,
    54        Mr. Glenn will make a copy tonight.
    55
    56        The other matter is this, that you remember Mr. Rampton
    57        made the point that you had to specify who was the
    58        embodiment of malice so far.  Remind me.  It was
    59        Mr. Preston, Mr. Nicholson -----
    60

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