Day 292 - 01 Nov 96 - Page 43
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2 MR. RAMPTON: Before Mr. Morris goes on, there is one thing
3 I can do, which might be helpful because it will go on to
4 the transcript and then the Defendants can have a copy of
5 the page, which is - I do not know if your Lordship thinks
6 it is convenient; if not, I will not do it - which is to
7 read out a summary of what I see the effect of the relevant
8 part of Polly Peck to be. I do not know if that would help
9 or not.
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11 MR. JUSTICE BELL: I think it would. What I suggest is we do
12 not invite any argument about it. If you just read it out,
13 it goes on the transcript. I will be grateful for it, but
14 Ms. Steel and Mr. Morris, if they could have a copy of the
15 relevant pages.
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17 MR. RAMPTON: Then they can take advice on it, if they think it
18 right to do so.
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20 My Lord, it is quite short. It says: If the libel, that
21 is to say the document, whether it be a leaflet, a book, a
22 film or a newspaper, if the libel has a common sting then
23 the plaintiff cannot, by selecting some only of the
24 published allegations on which to sue, prevent the
25 defendant from seeking to prove the truth of other parts of
26 the libel which are relevant in generating the common
27 sting.
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29 MS. STEEL: Can I just ask, is that in the part you have
30 already handed us?
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32 MR. JUSTICE BELL: What I suggest you do is do not bother about
33 it at the moment, because you are going to get what
34 Mr. Rampton is saying now and then you can.... I have only
35 given you part of Polly Peck. If I might say so, I think
36 you would be well advised to try and find time to read the
37 whole of Polly Peck, because what it means is those last
38 two pages, which have the guts of it, are not as dense as
39 they would appear to be, because you have the factual
40 situation to hang them on.
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42 Would you mind starting again please, Mr. Rampton?
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44 MR. RAMPTON: Yes, my Lord. This is my account, this is Polly
45 Peck's effect according to Rampton.
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47 If the libel has a common sting, then the plaintiff cannot,
48 by selecting some only of the published allegations on
49 which to sue, prevent the defendant from seeking to prove
50 the truth of other parts of the libel which are relevant in
51 generating the common sting. If, however, the libel
52 contains two or more distinct and severable charges which
53 is a matter of fact and degree in every case, then the
54 plaintiff is entitled to select which of those charges he
55 will complain of and the defendant is then not entitled to
56 seek to justify the charge or charges of which the
57 plaintiff has not complained.
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59 MR. JUSTICE BELL: Thank you.
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