Day 057 - 29 Nov 94 - Page 57
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2 MR. JUSTICE BELL: Is there anything further on the Further and
3 Better Particulars?
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5 MS. STEEL: No, I do not think so.
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7 MR. JUSTICE BELL: I will hear Mr. Atkinson.
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9 MR. ATKINSON: If I can take the first point first which is
10 page 6, where we say: "Where examples are given in these
11 Particulars they are given in order to help the Defendants
12 and not to limit the evidence to be adduced by the Second
13 Plaintiff at trial. The Second Plaintiff will refer at
14 trial, if necessary, to all material disclosed or referred
15 to in connection with the Defence to Counterclaim".
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17 The first point that is being made there is that where on
18 page 12 I have given examples of various points, for
19 example, on page 14 I have said that "The involvement of
20 the Defendants seems to be inferred from the appearance in
21 the printed media of quotations attributed to the
22 Defendants", and I say "See for example document 4".
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24 MR. JUSTICE BELL: Yes, I have flagged page 10, paragraph 2,
25 "See for example". Page 12 you have got, two on page 14.
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27 MR. ATKINSON: And on page 13 as well at the top in the first
28 paragraph there.
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30 MR. JUSTICE BELL: Yes, I have flagged that as well.
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32 MR. ATKINSON: What I was doing there, my Lord, was simply to
33 point the Defendants as a way of helping them to see the
34 sorts of the things that I was talking about in the
35 Particulars. But I was not by doing that seeking to make
36 an exhaustive list of every time a quotation appeared in
37 the file of documents appended to the Further and Better
38 Particulars. That was done, I have to be quite honest,
39 because it becomes quite a Herculean task to make sure you
40 have seen every single quotation in every single one of
41 those documents, or every time that there has been, for
42 example, an assertion by implication of the truth of the
43 allegations complained of. What I did not want to do is to
44 tie down Mr. Rampton to my examples. What I was not
45 seeking to do was to go beyond the documents that are
46 referred in the Defence to Counterclaim and reiterate it in
47 the Further and Better Particulars of the Defence to
48 Counterclaim.
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50 MR. JUSTICE BELL: So although they may appear in similar
51 statements or identical statement may appear in other
52 documents, as it happens you are content just to rely on
53 those examples to demonstrate the point, is that right?
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55 MR. ATKINSON: Well, no. What I was seeking to do there was to
56 say: We are going to rely upon the specific documents
57 referred to and mostly it is appended to the Defence to
58 Counterclaim; here are some examples of what we are talking
59 about in order to give to the Defendants an idea of what we
60 are on about, because sometimes it is said, "Well, we do
