Day 148 - 05 Jul 95 - Page 41

     
     1   MR. ATKINSON:   One then goes to page 13 of that pleading.  The
     2        paragraph starts over on 12.  It is a big VII, and then at
     3        C it says:  "Where material contained in the pink
     4        publication files now served or any other material appended
     5        to the Defence to counterclaim or these voluntary
     6        particulars was produced by a group other than Greenpeace
     7        (London) or the McLibel Support Campaign, whether domestic
     8        or foreign, the Plaintiffs will contend that the
     9        Defendants, as members of Greenpeace (London) and directors
    10        of the activities of the campaign, caused or procured or
    11        participated in or authorised the publication of such
    12        material by virtue of the following facts and matters".
    13
    14        We then have numerous examples of statements which we say,
    15        clearly, on their face are encouraging worldwide
    16        dissemination.  I would refer to the fact that I know for
    17        certain that in the McLibel support campaign pamphlet very
    18        recently -- in fact, rather in the statement that was read
    19        out by Ms. Steel outside court, I think it was this week or
    20        last week, where it was said that one million copies of
         leaflets had been published all over the place and this was
    22        a jolly good thing.
    23
    24   MR. JUSTICE BELL:   At the moment it is helpful for you to
    25        direct me to that, but I have, in fact, read the pleadings.
    26          As far as I am concerned, if the pleadings are there and
    27        no application has been made to strike them out, subject to
    28        any argument about discovery not being necessary for the
    29        just disposal of the action or the saving of costs, then
    30        there must be this discovery on it.
    31
    32        It is just the same situation as we were in with the
    33        Defendants' pleadings in the autumn of 1993 and you were
    34        before the Court of Appeal on appeal from my ruling in the
    35        spring of 1994.  You were successful on that and what the
    36        Plaintiffs are saying is the same should apply the other
    37        way round.
    38
    39   MS. STEEL:  I think that was in relation to specific pleaded
    40        incidents where things actually took place.  This is just
         some vaguely worded innuendo and, perhaps, we should apply
    42        for it to be struck out.  To be honest, this was served in
    43        March.  We have not really had time to look at this
    44        either.  Perhaps it would be a good idea if we considered
    45        making a strike out application over the summer when we
    46        have time to get comprehensive advice on this.
    47
    48   MR. JUSTICE BELL:  Is there anything more you want to say about
    49        that?
    50 
    51   MS. STEEL:  Given that I do actually think that would be a good 
    52        course for us to take, I do not know whether I should say 
    53        anything more.  I was going to say, though, in respect of
    54        the paragraph in the letter that says "By 'documentation'
    55        is meant" and then there is a great long list of things
    56        there.  There are a number of things, including badges,
    57        items of clothing, balloons and placards and other objects
    58        that we were advised that the Plaintiffs should put up some
    59        legal authority for applying for our clothing.
    60