Day 094 - 01 Mar 95 - Page 45
1 not matter whether it is something to do with a law case or
2 a sporting event, you know, that just did not happen that
3 way. So, one is bound to look at the Civil Evidence Act
4 notices which are based on journalistic articles in a
5 critical way. I am only saying this not because I have
6 made up my mind but so that you can see what you might run
7 up against.
8
9 MR. MORRIS: If we can just may be put a bit of a context to
10 this issue: We are being sued by an American corporation
11 and, inevitably, it is difficult for us to get all the
12 source material on every subject of this vast case. What
13 weight you give to any evidence brought is, obviously, your
14 decision, but in America, for example, this would be
15 admissible evidence in a libel case, but here it is not.
16
17 MR. JUSTICE BELL: I am not prepared to accept that.
18
19 MR. MORRIS: No, I understand that.
20
21 MR. JUSTICE BELL: I do not know whether it would or not. When
22 we come, for instance, to an issue on your counterclaim as
23 to whether if "lies" means saying something knowing that it
24 is untrue, then may be this is relevant, I do not know.
25 All I am going to say at the moment is in relation to
26 something like this where we have matters which are
27 portrayed in an article as the statement of some person,
28 I think you do have to follow the Civil Evidence Act
29 procedure if you want to get it in full. I do not think
30 you can just say: "We want to put a Civil Evidence notice
31 on that". Where we go from there is partly a matter of law
32 and partly a matter of exercise of my discretion and,
33 ultimately, at the end of the day a judgment, if it does go
34 in, as to what, if any, weight can be attached to it in the
35 light of whatever other evidence there is in the case.
36
37 MR. RAMPTON: My Lord, the reason I intervened was that
38 I detected from the line of Ms. Steel's questioning --
39 normally speaking, I do not bother about this sort of thing
40 as long as the press are not here; I know what the
41 Defendants do with the records of proceedings and I shall
42 deal with that in due course but, as long as the press are
43 not here, I am not in the least bit affected by the thought
44 of what your Lordship may make of unsubstantiated
45 allegations of this kind. What I am concerned about is
46 that I should not be put in a position at this stage of the
47 case of having to answer ----
48
49 MR. JUSTICE BELL: No, I think that is entirely -- I have to
50 leave that to you. It is entirely a matter for you. It
51 seems to me it is entirely a matter for the Defendants as
52 to whether they seek to serve a Civil Evidence Act notice
53 and, if they do that and in so far as I have any discretion
54 in the matter, I allow them to do so and they jump the
55 various hurdles ---
56
57 MR. RAMPTON: Then I have to make the decision -----
58
59 MR. JUSTICE BELL: Then you have to -----
60
