Day 171 - 11 Oct 95 - Page 04


     
     1        well as mental) note of is that at the moment I cannot see
     2        the relevance of whether the First Plaintiff could sue for
     3        any libel in this leaflet in the United States of America;
     4        I do not see that question as being relevant to any issue
     5        in the case.  So, if you wish to argue that I am wrong
     6        about that, you must take time to do so comfortably before
     7        the end of the evidence, so that I can consider the
     8        situation.
     9
    10   MR. MORRIS:  Well, I do not want to put forward any argument
    11        now, but -----
    12
    13   MR. JUSTICE BELL:  Do not put -----
    14
    15   MR. MORRIS:  I do not feel -----
    16
    17   MR. JUSTICE BELL:  Let me just stop you.  Do not put through any
    18        argument now.  If you have an argument, I will listen to
    19        it, but I do not want you to go to the end of the case and
    20        then say the relevance of it is this, which no one has
    21        perceived before.
    22
    23   MR. MORRIS:  Yes -- except it strikes me that the argument
    24        should be up to the Plaintiff to argue that it is not
    25        relevant.
    26
    27   MR. JUSTICE BELL:  No.  I do not agree at all.  I having said
    28        that I cannot see the relevance of it, it is for the party
    29        who wishes to adduce the evidence to persuade me I am wrong
    30        about that.
    31
    32        Next -- I think I am taking them in order of time
    33        I received them -- I received a buff envelope which has in
    34        it something described as "activity school pack", firstly,
    35        which looks like that, and I also received a McDonald's
    36        Annual Review.
    37
    38   MR. RAMPTON:  Did your Lordship get those from us?
    39
    40   MR. JUSTICE BELL:  Yes.
    41
    42   MR. RAMPTON:  They are material that the Defendants have
    43        disclosed, but we have copied one of them and sent the
    44        other to your Lordship.
    45
    46   MR. JUSTICE BELL:  Right.  Where do you suggest that they should
    47        go, Mr. Morris?
    48
    49   MR. MORRIS:  I think it is in our advertising discovery.  It
    50        should be in the latest bundle.  I do not think we have a 
    51        section of advertising in that, but the point of the latest 
    52        bundle is that it has room to slot material in it in all 
    53        the sections.  It is the new one which you have out there
    54        somewhere.  It may be the one that is on the table which
    55        has not been filled yet.
    56
    57   MR. RAMPTON:  There is a new kingfisher VII, my Lord.
    58
    59   MR. JUSTICE BELL:  Mr. Dudley had it a moment ago.  Anyway, it
    60        should go in that, should it?

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