Day 159 - 20 Jul 95 - Page 19
1
2 MR. JUSTICE BELL: No, unless there is any objection, I do not
3 see why Mr. Atkinson should not speak directly to you and
4 Mr. Morris, tell you whether the answer is simply, yes,
5 that they are the same. If the answer is, no, tell you
6 where the differences lie.
7
8 MS. STEEL: OK.
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10 MR. JUSTICE BELL: You can do it on one of the tables outside
11 court.
12
13 The other matter is this, which it is a matter we can
14 pursue a little further if you raise the question of
15 privilege. I want you to accept this in the spirit in
16 which it is offered, which is merely some kind of
17 indication of how you might approach part of your
18 submissions in due course in relation to the Plaintiffs'
19 claims, not your counterclaim.
20
21 As I have said, they are suggestions only. Quite apart
22 from anything else, although you said you would like some
23 help from me on this topic, it is up to you how you take
24 your submissions.
25
26 The second point is that when Mr. Rampton has had an
27 opportunity to read it properly, he may want to helpfully
28 say something about any misapprehension he thinks I may be
29 under as to what is legally relevant or not. So this is,
30 as it were, a first suggestion to you.
31
32 I am not asking you to read it through quickly now. We can
33 come back to it, if you like, when we come back to the
34 question of privilege on the document that you have
35 mentioned. I will make one or two extra comments at the
36 moment. The first is this, that you will see I have spent
37 some time on the meaning of the leaflet. The reason I did
38 that is that when I spoke very briefly on the topic of your
39 final speeches a few days ago when I said, deal with the
40 meaning, my recollection is -- it may not be accurate --
41 Mr. Morris said something to the effect, well, you were not
42 concerned with that.
43
44 I do have concerns about where meaning stands. I may have
45 misheard what Mr. Morris said or misremembered it in any
46 detail, so I do invite you to read quite carefully what
47 I have suggested there, and to give some prompt thought to
48 it. Because, if having considered what I have said, and if
49 in any event thought more about the case, it turns out that
50 you think that you may be going to suggest a meaning which
51 you have not, in fact, pleaded, it is very important that
52 you raise that at the very first opportunity. I say no
53 more about that. I invite you to read what I have put
54 down.
55
56 When we come to justification, you can read what I have put
57 there for yourselves. I will just explain a little more
58 what I have put under subparagraph (d), "Key findings of
59 fact", which you invite me to make both primary and
60 secondary. What I mean by primary and secondary finding of
