Day 280 - 17 Jul 96 - Page 18
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2 MR. JUSTICE BELL: Yes.
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4 MR. ATKINSON: The first thing I say is that Mr. Rampton has
5 made it clear, I do not blame my learned friend for not
6 knowing, but he made it clear in Court, that insofar as a
7 private investigator has actually, himself, personally
8 disseminated the leaflet complained of, the Plaintiffs do
9 not claim damages in respect of that actual personal
10 dissemination, that is quite different from saying that
11 they do not claim damages for publication at times when the
12 private investigators were infiltrating the group. They do
13 claim damages in relation to that, but not in relation to
14 actual personal cases of distribution. So, therefore, in
15 relation to that there would be nothing for any third
16 party, or contribution proceedings, to fight from.
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18 The second point I would make is that, yes, this is
19 the longest trial in civil history, and that has to be
20 taken into account for two reasons. The first in that it
21 affects the Plaintiffs. As your Lordship says, it is a
22 defamation action, and one wishes to get, if one can, a
23 vindication of one's reputation sooner rather than later.
24 Secondly, of course, it is the case of the Plaintiffs that
25 there is a continuing campaign against them and the longer
26 the case goes on and the longer judgment is deferred then
27 the campaign is allowed to proceed.
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29 Am I going too fast?
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31 MR. JUSTICE BELL: No. Thank you. Keep going.
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33 MR. ATKINSON: The third party proceedings are likely to cause
34 my clients embarrassment and delay and in those
35 circumstances your Lordship is entitled to hear me now
36 rather than at the directions stage.
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38 MR. JUSTICE BELL: Yes.
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40 MR. ATKINSON: I do not believe that really has been disputed.
41 I did forget to say one thing, which is that the other
42 aspect of this being the longest trial ever is the public
43 interest aspect, that if there is a delay it prevents other
44 people from litigating issues which are of greater
45 importance, and your Lordship says on more than one
46 occasion.
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48 It is likely to cause my clients embarrassment and
49 delay for these reasons. That if there are third party
50 proceedings then, as your Lordship has made clear, there
51 will have to be legal advice given. It is particularly
52 unfortunate that this comes at a time when both the
53 potential third parties and any witness they might wish to
54 call, as well as legal Counsel and solicitors, happen to go
55 away on holiday. So, therefore, they may well not be
56 around or there may be delays just for that practical
57 reason, but in any event even if that were not so there
58 would have to be extensive legal advice given and thought
59 taken as to what the appropriate course was.
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