Day 082 - 01 Feb 95 - Page 16
1 We are not applying for CEA Notices and I think there are a
2 couple of documents we would like to do that with. It is
3 something really to remind ourselves to do it. Your
4 correspondence file No. 5, I think Mrs. Brinley-Codd said
5 she would update it.
6
7 MR. RAMPTON: What I have here is an update for your Lordship so
8 that the Defendants should be sure that your Lordship has
9 the same as they have. They already have these documents.
10
11 MR. JUSTICE BELL: When you have time, that may not be the most
12 urgent of matters, check that everything is in there that
13 you want.
14
15 MR. MORRIS: Yes. Nutrition witnesses, that has been dealt
16 with; it has been canvassed. No. 7, opinion -----
17
18 MS. STEEL: I did not do the list but, apparently, it is about
19 when Mr. Rampton brought up the other day whether or not --
20 it is all the business about torture and murder and matter
21 of opinion, what is a matter of opinion, and he said
22 something about an argument on that.
23
24 MR. JUSTICE BELL: I do not know about that, and I do not know
25 quite what you had in mind when you said that certain
26 things are a matter of opinion and people are entitled to
27 their opinions. What I suggest is if you have not done so,
28 read the South Hetton case because I do not think what is
29 said there has been frowned on. In some ways it might be
30 thought to be a useful illustration for this case. Have
31 you had an opportunity to read it yet?
32
33 MS. STEEL: Not yet.
34
35 MR. RAMPTON: My Lord, I am certainly happy for the Defendants
36 to read it, but it is quite an old case. I would much
37 rather, if there is to be a discussion about this,
38 encourage the Defendants -- I will supply for copies on
39 Monday -- to read the relevant parts of Duncan and Neil. I
40 know that sounds immodest, but it is, in our respectful,
41 the clearest exposition of the defence of fair comment and
42 what it entails.
43
44 MR. JUSTICE BELL: I would be grateful if I could have
45 photocopies as well. It is out of print.
46
47 MR. RAMPTON: I know.
48
49 MR. JUSTICE BELL: So far I have had to borrow Lord Justice
50 Otton's copy and that is not a very satisfactory
51 arrangement.
52
53 MR. RAMPTON: We will have the chapter on "Fair Comment"
54 copied. There is apparently a spare copy at Barlow's, if
55 your Lordship would like one?
56
57 MR. JUSTICE BELL: That would be very helpful.
58
59 MR. RAMPTON: I will copy the chapter on "Fair Comment" for the
60 Defendants. Mr. Atkinson will help me copy some of
