Day 270 - 28 Jun 96 - Page 46
1 about it, but I cannot remember just where it is in the
2 bundle.
3
4 MR. MORRIS: Can I just say that it is on page 4 of the Food
5 Poisoning pleadings. It says that we will rely on the
6 facts outlined in an article entitled "Unhappy Meals" by
7 Leanne Claufine-Caston. Our minimum position would be
8 certainly that we are entitled to rely on this pleading,
9 whether it goes to proof of the inspector's statements or
10 whether it goes to our belief.
11
12 MR. JUSTICE BELL: That may be another matter entirely.
13
14 MR. MORRIS: Then we would be entitled to have it as admissible
15 on those grounds, as evidence of our right to believe in
16 what it said as part of our defence against the claim of
17 malice put by the Plaintiffs and also the defence -- well,
18 the counterclaim matters where the Plaintiffs have to prove
19 that we have circulated lies when, of course, in our
20 pleadings there are things which we can reasonably expect
21 to be true, whether or not they are true or not. That is
22 an important part of it.
23
24 MR. JUSTICE BELL: Yes, but we are not reading out in open court
25 every document which you are going to say to me, "I believe
26 that this allegation was true because I read such and such
27 an article".
28
29 MR. MORRIS: It would still be admissible even if it was not
30 read out, but the point is this was specifically pleaded.
31
32 MR. JUSTICE BELL: Look, I think if Ms. Steel says she would
33 like time to consider it, quite frankly -- it is a phrase I
34 have used more than once -- I would keep your powder dry
35 and argue the whole thing in one go. I am not inviting you
36 to take a long time about it, but you should think about
37 it. Have you found it?
38
39 MS. STEEL: Yes.
40
41 MR. JUSTICE BELL: Which volume is it in?
42
43 MS. STEEL: Defendants' list of documents bundle 4.
44
45 MR. JUSTICE BELL: Original one?
46
47 MS. STEEL: Original list, yes. It is tab 116 and it is halfway
48 through that tab. It is actually behind some other
49 articles, or it might be about four or five pages in.
50
51 MR. JUSTICE BELL: Mr. Rampton, would it be possible for the
52 Defendants to have a transcript from five past two until
53 now?
54
55 MR. RAMPTON: Yes, certainly.
56
57 MR. JUSTICE BELL: Because they will then get what I said about
58 third party notice as well.
59
60 MR. RAMPTON: I hope we have kept to our promise, which is that
