Day 148 - 05 Jul 95 - Page 37

     
     1
     2   MS. STEEL:  So it is normal then that the Plaintiff has the
     3        advantage of -- they are in a position to say to the
     4        Defendants' witnesses:  "So and so has said this, so it is
     5        not a hypothetical question".
     6
     7   MR. JUSTICE BELL:  I do not see any advantage in that.
     8
     9   MS. STEEL:   Because it can make a witness more likely to answer
    10        the question.
    11
    12   MR. JUSTICE BELL:  No.  This is something which has cropped up
    13        time and time again.  You have it in your mind.  I do not
    14        see it as so and it has not been my experience in
    15        litigation that it is so.
    16
    17   MR. MORRIS:  We will move on to another subject.  We are just
    18        working out what to do next.
    19
    20   MR. JUSTICE BELL:  Apart from any outstanding, Mr. Bone/Ms. Hovi
         matter of Mr. Rampton's applications, you have discovery in
    22        relation to references to publication in the counterclaim
    23        pleadings, and the further and better particulars in
    24        relation to the malice pleaded in the reply to the Defence
    25        to counterclaim, those two being Mr. Atkinson's
    26        application.
    27
    28        Then you have on the list the question of the recall of
    29        Mrs. Barnes and any other business, which is your item 7.
    30
    31   MR. MORRIS:  Yes.
    32
    33   MS. STEEL:   I think we will do the counterclaim.  There was
    34        something actually which I wanted to raise in respect of
    35        the counterclaim which I think we should have asked for
    36        further and better particulars of which somehow has slipped
    37        through the net.  It relates to where the Plaintiffs said
    38        that we had lied about our involvement in the
    39        Anti-McDonald's campaign.
    40
         The only one I can find at the moment is in the Defence to
    42        counterclaim on page 10 of that document.
    43
    44   MR. JUSTICE BELL:  It is towards the end of paragraph 7.
    45
    46   MS. STEEL:   Yes.  The thing is I think this relates to what is
    47        stated in the libel action background briefing, the second
    48        one that McDonald's produced which went to the press, where
    49        it states on the final page of that -----
    50 
    51   MR. JUSTICE BELL:  No, it goes back to paragraph 17F of your 
    52        counterclaim --- 
    53
    54   MS. STEEL:  Yes.
    55
    56   MR. JUSTICE BELL:  -- which is on page 11.
    57
    58   MS. STEEL:  Yes, but that relates to the passage I am trying to
    59        refer you to in the actual -----
    60