Day 158 - 19 Jul 95 - Page 10

     
     1        There really can only be one reason for that, and that is
     2        because they do not want us to be on any kind of equal
     3        footing with them; they want to make our life difficult in
     4        court, and preparations difficult, in the hope that
     5        eventually we are going to give in to their -- well,
     6        effectively, I consider it to be virtually blackmail -- and
     7        agree to an undertaking which has no basis in law and is
     8        purely and simply an attempt to gag us.
     9
    10        I wanted to repeat what I said a few moments ago, that
    11        Mr. Rampton did say that he was only concerned with the
    12        source of funding for our copies.  We have now proposed
    13        several courses of action which would not involve the
    14        Plaintiffs paying for transcripts, and they have objected
    15        to every one of them, even to the extent of writing to the
    16        Lord Chancellor to interfere with our application, but also
    17        for the suggestion of agreeing to allow us to have
    18        transcripts on time rather than three weeks later.
    19
    20        Effectively, they are trying to force a back route
         injunction on matters in this case, without any hearing
    22        into whether what has been said is reasonable or
    23        unreasonable.
    24
    25        I do not think that the court should pay any regard to
    26        whether or not we can get transcripts if we agree to the
    27        undertaking that the Plaintiffs are seeking.
    28
    29        We have asked before for the protection of the court.
    30        I think it is important in this case to remember the
    31        context of the Plaintiffs trying to get us to give an
    32        undertaking.  The whole reason that we are in court is
    33        because we want to defend our right and the rights of
    34        others to express their views.  So, for us to agree to an
    35        undertaking which would stop us expressing our views and
    36        which has no legal basis is grossly offensive to us, to
    37        even be asked.  There is absolutely no way that we would
    38        agree to any such undertaking.
    39
    40        As we said yesterday, if we have broken any laws, then the
         appropriate action can be taken under those laws.  The
    42        court should not put us under any pressure to agree to any
    43        undertaking which the Plaintiffs would not be able to ask
    44        for in normal circumstances.  They would not be able to ask
    45        for it and demand it if it were not for the fact that we
    46        have virtually no money and we are unable to pay for them.
    47        That is what I wanted to say.
    48
    49   MR. RAMPTON:  My Lord, the references to Balcombe L.J.'s
    50        judgment in the Derbyshire County Council case in 1992 QB 
    51        are really the whole of pages 812 and 813. 
    52 
    53   MR. JUSTICE BELL:  812?
    54
    55   MR. RAMPTON:  And 813; the whole of both those pages.  I am
    56        relieved to find my summary was broadly, at least,
    57        accurate.
    58
    59   MR. MORRIS:  Can we have copies of that, if the Plaintiffs wish
    60        to rely on it?