Day 305 - 25 Nov 96 - Page 15


     
     1        pre-October 1989.  So, in fact, they have not got any
     2        evidence of any production after that, anyway.  They have
     3        not got any evidence of it before.  But they cannot rely on
     4        any inference.
     5
     6   MS. STEEL:   Can I just ask something about what you said just
     7        now?
     8
     9   MR. JUSTICE BELL:  Yes.
    10
    11   MS. STEEL:   I did say this on Friday, that, as stated in
    12        Hebditch v. Macilwaine:
    13
    14             "There is no remedy for writing a defamatory
    15             article, even if it is written for the purpose
    16             of distribution."
    17
    18   MR. JUSTICE BELL:  There is not just in the writing, if it ends
    19        there.  I mean, I could write something which is libelous
    20        -- and I try not to, but I could write something which is
    21        libelous -- with a view to publication and I could then
    22        throw it on to the fire.  That would not be a publication.
    23
    24        But what I think is said here, this much is clear, someone
    25        produced this leaflet in fairly large numbers -- if
    26        Mr. Gravett is right, not later than 1987; if I do not
    27        accept his evidence on that, perhaps later -- but, in any
    28        event, let us assume it was 1986 and 1987; someone produced
    29        it in fairly large numbers.  They clearly did so for
    30        publication.  There would be no point in producing it in
    31        large numbers unless it was for publication.  They intended
    32        to have it published in fairly large numbers.  If they did
    33        that, even if their active part then stopped, they are
    34        responsible for publications which occur thereafter; and if
    35        any of those publications occurred between September 1987
    36        and September 1990, they caused or authorised those and
    37        they are liable for any libel.
    38
    39   MS. STEEL:   I do not know the exact legal position, but I would
    40        think that maybe you could argue that in terms of writing
    41        it, but you certainly could not argue that in terms of
    42        printing it, because if the production was arranging for
    43        the printing, then you cannot be responsible for subsequent
    44        print runs and what happened to leaflets printed later on.
    45
    46        The other point I would like to make is that if you do not
    47        accept Mr. Gravett's evidence on publication, on when the
    48        leaflet was produced, there is actually no other evidence
    49        about when the leaflet is produced.  It is not a question
    50        of choosing somebody else's evidence rather than 
    51        Mr. Gravett's.  His is the only evidence. 
    52 
    53   MR. JUSTICE BELL:  There are a whole load of permutations here.
    54        I may think that there is pretty conclusive evidence that
    55        it was originally produced for World Day in October 1986
    56        and that some time in 1987 more copies -- this is all very
    57        much "may", because I have not made up my mind -- may have
    58        been further copies produced after the handouts in the
    59        Autumn of 1986 and early 1987; then, whether or not I find
    60        that, despite his denials, there must have been reprints or

Prev Next Index