Day 270 - 28 Jun 96 - Page 37


     
     1        that you must issue a summons and serve it on those three
     2        gentlemen.  That is the first point.
     3
     4        The second point is that I dispense with any affidavits in
     5        support of any application but you must provide a statement
     6        in writing setting out the matters in order 16 rule 2
     7        paragraph 1 (c).
     8
     9   MR. MORRIS:  Is that kind of a skeleton?
    10
    11   MR. JUSTICE BELL:  No, it states the basis of the claim which
    12        you would make against the three inquiry agents.
    13
    14   MR. MORRIS:  Would that mean having to go through all the
    15        evidence that they gave and --
    16
    17   MR. JUSTICE BELL:  No, no, just the nature, what the nature of
    18        your claim is and what you base it on.  You should be able
    19        to get it on one side of paper.  If any more information is
    20        required either by Mr. Rampton or myself, then either one
    21        of us will no doubt ask for it.
    22
    23   MR. MORRIS:  So in terms of, say, the material facts of it, we
    24        can assume that you are aware of what the issues are
    25        because you have heard the evidence?
    26
    27   MR. JUSTICE BELL:  Yes.  When you actually look at the four
    28        paragraphs, (a), (b), (c) and (d), you will see the normal
    29        kind of information which is required in an affidavit, most
    30        of which I have got already as a result of trying the case,
    31        but what I want to know is what you would actually be
    32        claiming from the third parties.
    33
    34   MR. RAMPTON:  And the grounds on which the claim is made.
    35
    36   MR. JUSTICE BELL:  Yes, and the grounds upon which you do it.
    37        Because you are not claiming damages from them, as I
    38        understand it, McDonald's are not claiming damages from
    39        them, and therefore I want to know what you are claiming
    40        from them.
    41
    42   MS. STEEL:  What I understood, and I might be wrong in this, is
    43        that if it was decided that the leaflet was libelous and
    44        there was a decision that McDonald's would be -- sorry, I
    45        have actually got a bad throat this morning.
    46
    47   MR. JUSTICE BELL:  Yes, do not worry about that.
    48
    49   MS. STEEL:  And there was a decision that McDonald's were
    50        entitled to damages, that in the normal course of events 
    51        damages would be split between the defendants, and 
    52        therefore if they were defendants then they would be 
    53        responsible for --
    54
    55   MR. JUSTICE BELL:  You would have to argue that to me.  I am not
    56        going to offer any comment.  I would hear arguments on boat
    57        sides in relation to that.
    58
    59   MS. STEEL:  Well, that was the basis of it, that was all.
    60

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