Day 082 - 01 Feb 95 - Page 19
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2 MR. JUSTICE BELL: What they have said is that the statement
3 that the leaflet is lies -- that is a simplification no
4 doubt -- is justified, that that is true.
5
6 MR. MORRIS: Yes, Mr. Rampton said in December in that
7 transcript of that hearing when he summed up the case that
8 they were saying the words in the London Greenpeace fact
9 sheet were not true. So, it was not just a question
10 of -----
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12 MR. JUSTICE BELL: I have had things to say on that from time to
13 time, and I would like you to be ready with, if you want to
14 raise that topic again, chapter and verse as to where
15 I have made a ruling or expressed a view about that. If
16 you find out where you have raised it, you will find out
17 where I have said something o about it. It is a point
18 which has been raised more than once.
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20 MR. MORRIS: Yes.
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22 MR. RAMPTON: One of your Lordship's recent rulings (I am saying
23 this for the Defendants' benefit) is to the effect that my
24 submission was right, that I do not by pleading a defence
25 of justification to the counterclaim undertake the burden
26 of proving the falsity of all the words in the leaflet.
27 I can pick and choose, if I am right, I can choose enough
28 that I say is false and that satisfies your Lordship that
29 the defensive leaflet is substantially true. That is
30 already in a ruling.
31
32 MS. STEEL: I think I understand that he can choose which parts
33 he wants to think are false, he wants to claim are false,
34 in a similar way we did not necessarily have to defend the
35 whole leaflet. But I think Mr. Rampton should have to say
36 which parts he is saying are false. When he says that he
37 should have to prove that they are false.
38
39 MR. JUSTICE BELL: I understand the area in which you wish to
40 argue further. It would be helpful to me if you can point
41 me at where we have dealt with it in the past or where it
42 has come up in the past.
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44 MR. MORRIS: Expert visits: This comes up, obviously our
45 experts have not been allowed to visit slaughterhouses, in
46 general, and it appears that slaughterhouses have not been
47 asked by the Plaintiffs on this matter, and in the light of
48 what Mr. Walker said about the reasons why they have not
49 been asked.
50
51 MR. JUSTICE BELL: Have you actually written to any of the
52 slaughterhouses which you do know the identity of to ask if
53 someone can inspect them on your behalf?
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55 MR. MORRIS: No. That is what we were going to ask about, what
56 is the proper course to take if a plaintiff refuses to ask
57 a third party for facilities for our experts?
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59 MR. JUSTICE BELL: I may need some assistance on that but,
60 essentially, although an abattoir which you have in
