Day 036 - 13 Oct 94 - Page 65
1 you, Ms. Steel or Mr. Morris, want to say) is the extent
2 to which in the past a preliminary decision has been made
3 on what the meaning of broadcast, publication, whatever it
4 is, actually is and whether there is any useful place for
5 that in this case. I am not suggesting there is;
6 I appreciate that in many cases which are heard by a Judge
7 and Jury there may be a ruling as to whether the words are
8 capable of giving meaning, and then the Jury themselves
9 decide that as a matter of fact in due course.
10
11 The other matter which I would welcome some preliminary
12 help on is the extent, if any, to which a Judge or Jury
13 can go outside meanings actually pleaded, if they can at
14 all, in reaching a decision.
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16 MR. RAMPTON: That is one of the most difficult and
17 controversial problems which exist, my Lord.
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19 MR. JUSTICE BELL: I did not know that. I am not surprised,
20 I have to say, to hear you say that.
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22 MR. RAMPTON: It is very difficult, but we will do the best we
23 can on that one.
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25 MR. MORRIS: Do we know what the time-scale for this actual
26 discussion in court and when the skeleton is likely to be,
27 so we have time to get legal advice, between having the
28 skeleton and the actual hearing?
29
30 MR. JUSTICE BELL: Can you give any indication?
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32 MR. RAMPTON: No.
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34 MR. JUSTICE BELL: I think you have to go away and think about
35 it.
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37 MR. RAMPTON: We have quite a lot to do if we are going to put
38 it in writing before the hearing, and even if we are not.
39 I suspect, if I am honest about it, it will be an activity
40 that takes place for its major part during that week of
41 the 24th. Something will be ready for your Lordship and
42 the Defendants towards the end of that week.
43
44 MR. JUSTICE BELL: That is all I have to say this evening. We
45 will resume with Mr. Cox at 10.30 tomorrow morning.
46
47 (The court adjourned until the following day).
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