Day 148 - 05 Jul 95 - Page 38

     
     1   MR. JUSTICE BELL:  You do not actually have to find the passage,
     2        but do it if you think it helps you.
     3
     4   MS. STEEL:  I think it would be helpful if it is accessible, if
     5        you can look at it.
     6
     7   MR. JUSTICE BELL:  Do not forget, you cannot ask for further and
     8        better particulars of the actual contents of the
     9        publication which you say is defamatory.  That is included
    10        in your pleading in order to lay the ground for what you
    11        say the defamatory meaning is.  You cannot ask for further
    12        and better particulars of something you have included in
    13        your own brief.
    14
    15   MS. STEEL:  I will just say the thing I want to say which is
    16        that in the thing that McDonald's published it says:
    17         "These two individuals have chosen to defend the leaflet
    18        and, contrary to their claims that they are not actively
    19        involved, they have, for many years, taken leading roles in
    20        a consistent campaign against McDonald's, including
         responsibility for organising demonstrations and
    22        anti-McDonald's fares."
    23
    24        The pleading in the Defence to counterclaim on page 10
    25        says:  "Notwithstanding the same, the Defendants have made
    26        false claims as to their involvement in the campaign in
    27        their witness statements and on oath in answer to the
    28        interrogatories in the main action."   I think we should
    29        have asked whether that was the entirety, whether that was
    30        all the particulars that they were relying on.
    31
    32   MR. JUSTICE BELL:  That is the way I read it.  They have not
    33        referred to anything else.
    34
    35   MS. STEEL:  OK.  As far as the request for further and better
    36        particulars of the reply to the Defence to counterclaim
    37        goes, we were intending to answer that.  However, it is a
    38        matter of time.  We have been in court every day so we have
    39        not had time to do it.
    40
    MR. JUSTICE BELL:  Let me make a note of this.  I know it is on
    42        CaseView and it will be on the transcript.  So it was item
    43        5; it was the second of Mr. Atkinson's applications.  So
    44        you accept that, it is just a question of time to do it?
    45
    46   MS. STEEL:   Yes.
    47
    48   MR. JUSTICE BELL:  What do you say about that?
    49
    50   MS. STEEL:   Obviously, to be honest, I was quite astounded when 
    51        the Plaintiffs said yesterday three weeks, given how long 
    52        they took to do their Defence to counterclaim. 
    53
    54   MR. JUSTICE BELL:  Just tell me what you suggest is a reasonable
    55        period.
    56
    57   MS. STEEL:  It is hard to answer because we have a lot of things
    58        to do, obviously, during the summer break.  We are
    59        intending to do it and we will do it as soon as we can, but
    60        there are a lot of matters which do need to be sorted out