Day 158 - 19 Jul 95 - Page 03

     
     1        for how the European Convention impinges on English law, if
     2        at all.
     3
     4   MR. MORRIS:  I am not using this as a authority to back up our
     5        application, but that Derbyshire County Council v. Times
     6        Newspaper Limited, which is on page 536, 1993 HL(E),
     7        presumably, it is the House of Lords something -----
     8
     9   MR. JUSTICE BELL:  Which page?
    10
    11   MR. MORRIS:  Page 536 onwards; in fact, 534 onwards.  Basically,
    12        the House of Lords, as far as I can see, ruled out the
    13        right to access to defamation prosecutions for elected
    14        governmental bodies, on the grounds it was an infringement
    15        on the public right to free speech and they would be
    16        subject to criticism.  We would certainly argue at some
    17        stage in this case that this should also apply to
    18        multinational corporations, that they should not have the
    19        right to -----
    20
    MR. JUSTICE BELL:  It is a bit late for that, is it not, a year
    22        into the trial, to say that the Plaintiffs actually do not
    23        have a right of action?
    24
    25   MR. MORRIS:  I think we have referred to it in pretrial
    26        hearings.  But it certainly should be a persuasive matter
    27        which can be considered at the end of the case.
    28
    29   MR. RAMPTON:  My Lord, I have greatest resistance to that.  If
    30        any such submission were to be made, it should have been
    31        taken as a preliminary issue before ever the trial began.
    32
    33   MR. JUSTICE BELL:  What Mr. Rampton said about the European
    34        Convention of Human Rights, if I understood his argument,
    35        was that it only applied to actions in this country if
    36        English law was unclear and, therefore, might be helped by
    37        reference to the Convention or if English law was in
    38        conflict with the Convention; hence his argument to the
    39        effect that it was not in reference to the cases.  What
    40        I propose to do is have a look at Derbyshire to see if it
         sustains that argument.  If you say no, that is not so,
    42        then take your opportunity to tell me why.
    43
    44   MR. MORRIS:  I have not read the Derbyshire House of Lords
    45        ruling but, as it was brought up this morning, I thought
    46        I should refer you to the House of Lords.  I think it will
    47        only be safe for you to read the House of Lords judgment.
    48
    49   MR. JUSTICE BELL:  I am not going to read a whole case just to
    50        look to see if there is something that helps you.  You must 
    51        refer me to if there is.  For all I know, it is actual 
    52        common ground, you do not disagree with Mr. Rampton's 
    53        submission, that the European Convention is only of use, as
    54        it were, in relation to the applications which you are
    55        making, if English law is in conflict with it or English
    56        law is unclear.
    57
    58   MR. MORRIS:  No.
    59
    60   MR. RAMPTON:  In the House of Lords -- I can summarise it,