Day 248 - 13 May 96 - Page 44
1
2 Q. In paragraph 17, towards the bottom of the page, you say,
3 "I am informed that at the time the Company customer
4 leaflet and media briefings were prepared, the 1984
5 London Greenpeace file was not available and the
6 information relating to it was based on the understanding
7 of the partner conducting this litigation who had not the
8 conduct of the matter in 1984." Who is it that you are
9 referring to there?
10 A. I think it was Ian Jenkins, but I am not sure if he was
11 the individual.
12
13 Q. In 1984?
14 A. Yes.
15
16 Q. But who is the partner that you are referring to now
17 conducting -- the understanding of the partner conducting
18 this litigation?
19 A. Well, Mrs. Brinley-Codd.
20
21 Q. Incidentally, while we have got this open, this bit about,
22 "I am informed that our lawyers have checked the matter
23 and will apply to amend the proceedings accordingly", has
24 that been done?
25
26 MR. RAMPTON: Not yet.
27
28 MR. JUSTICE BELL: You know as well as anyone -----
29
30 MS. STEEL: I thought maybe -- I mean, I lose track of what
31 has been served, to be honest. I am trying to keep it
32 under control.
33
34 MR. RAMPTON: My Lord, a draft has been done. It is only a
35 question of finding time, as ever.
36
37 MR. JUSTICE BELL: I am not at all convinced it needs
38 application to amend if it has been made quite clear in
39 open court that that is not now the parties' case on a
40 matter I am not saying is not important, but is not in the
41 main thrust of claim and counterclaim. But it is up to
42 Mr. Rampton whether he does apply for leave to amend.
43
44 MS. STEEL: It is a main thrust of the counterclaim, about the
45 fact that they have lied to the public.
46
47 MR. JUSTICE BELL: But it is the answer to what you put in your
48 counterclaim.
49
50 MS. STEEL: Yes.
51
52 MR. JUSTICE BELL: It is not in the main thrust of the claim,
53 nor the main thrust of the counterclaim. I do not think
54 you would necessarily have to amend. If you were
55 withdrawing something in your defence to the claim, for
56 instance, I do not think you would necessarily have to
57 amend to withdraw it. You would just say, "That is not our
58 case any longer", and the same might apply. But I will
59 wait and see.
60
