Day 245 - 07 May 96 - Page 40


     
     1        ignored several letters.
     2
     3   MS. STEEL:  No, it is a later pleading than that I am referring
     4        to.
     5
     6   MR. JUSTICE BELL:  Is it your pleading or the Plaintiffs's
     7        pleading?
     8
     9   MS. STEEL:   Our pleading.  I think it is the very last pleading
    10        that we served in relation to the counterclaim.  Not the
    11        very last one that they served but the very last one we
    12        served.
    13
    14   MR. JUSTICE BELL:  In Further and Better Particulars of your
    15        Reply to the Defence to your Counterclaim you said, among
    16        other matters:
    17
    18        "the Second Plaintiff" -- that is the UK company --  "is
    19        fully aware that prior to service of the writs in the main
    20        action neither they nor solicitors acting on their behalf
    21        had ever written to London Greenpeace nor to individuals
    22        involved with the group stating that the company considered
    23        the fact sheet to be defamatory or requesting that the
    24        group cease distribution of the fact sheet."
    25
    26        Is that what you have in mind?
    27
    28   MS. STEEL:   Yes.  Could you tell me the date of that?
    29
    30   MR. JUSTICE BELL:  That is dated 25th September last year.
    31
    32   MS. STEEL:   Thank you.
    33
    34   MR. JUSTICE BELL:  Just pause a moment (Pause) yes.
    35
    36   MS. STEEL:   Do you know when it was after that particular
    37        pleading was served, which the judge has just read out,
    38        that you became aware of this point that you had never
    39        written to us or the group about----
    40        A.  It was fairly recently.
    41
    42   Q.   Fairly recently?
    43        A.  Yes.
    44
    45   Q.   You said you spoke to people before you put this in your
    46        statement?
    47        A.  Yes.
    48
    49   Q.   Was that just on the day or was that over a period of time
    50        so you had a chance to check your records and things like 
    51        that? 
    52        A.  Well, this is pretty straightforward stuff.  A person 
    53        admits they made a mistake.  A file was not there.  They
    54        tried to do it from memory.  It did not work.  They got
    55        something wrong.  I accepted they made a mistake and the
    56        pleadings have been or are going to be amended accordingly.
    57        I took them at their word.
    58
    59   Q.   Well, if I put to you that those pleadings were served in
    60        September 1995, and you wrote your statement on 8th March

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