Day 307 - 27 Nov 96 - Page 57


     
     1        say is a completely uncredible meaning, but it just goes to
     2        show this links up with the publication evidence about the
     3        complete inability of the Plaintiffs to be able to or when
     4        it is useful for them to muddy the water, where it suits
     5        them, in order to maintain their claim and to defend this
     6        particular claim, that this case has been about the fact
     7        sheet and that this leaflet is about, this press release is
     8        about the fact sheet.  I do not think the court would be
     9        able to rule on all different versions of an A5 leaflet, or
    10        any other leaflets, material, without having another court
    11        case on each one.
    12
    13        I am a little bit tired, so I do not really want another
    14        case straight after this one.  Can I just say that
    15        this-----
    16
    17   MR. JUSTICE BELL:   It will not be me who tries it, that is for
    18        sure!
    19
    20   MR. MORRIS:   I will be happy to defend any leaflet that I
    21        believe to be true.
    22
    23   MR. JUSTICE BELL:  I gave these timetables not in order to rush
    24        you, but to help you concentrate on compartment by
    25        compartment what you have to deal with.  It seems to me, at
    26        the moment, that what you really have left is -- having
    27        heard what Ms. Steel said this morning and into the early
    28        part of the afternoon, what it seems to me you have really
    29        got to deal with now is anything further you want to say
    30        about malice.  I was just reminding myself of the way that
    31        is put in your defence to the counterclaim.
    32
    33   MR. MORRIS:   If I can just rush through  -----
    34
    35   MR. JUSTICE BELL:   There are three paragraphs of particulars
    36        there.  If there is more you want to say, I am certainly
    37        not going to restrict you outside those three particulars.
    38
    39   MR. MORRIS:   No.
    40
    41   MR. JUSTICE BELL:  Then if you want to say anything about what
    42        sort of damages there should be, if you succeed on your
    43        counterclaim, I will hear you on that.  Those are the
    44        matters you have to deal with, or may want to deal with.
    45
    46   MR. MORRIS:   If I just say a few things, it may not fit neatly
    47        with any particular box but to get them out of the way,
    48        I did make the point before that they have to show that
    49        anybody receiving the document that they have argued
    50        privilege on has to have an interest.  They would have to 
    51        show that the people who received that would have received 
    52        the document they are complaining about in it, the fact 
    53        sheet, and therefore this was something that they would be
    54        entitled to give to that person to counter.
    55
    56   MR. JUSTICE BELL:   Yes.
    57
    58   MR. MORRIS:   Can I say it is significant that these press
    59        releases are still being handed out and circulated, despite
    60        the fact that there has been a trial in progress for two

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