Day 178 - 27 Oct 95 - Page 04

     
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       2 MR. JUSTICE BELL:  I do not think you are inconvenienced or
       3      prejudiced by it in any way.  But, however that may be,
       4      what I have come in this morning to hear is what you argue
       5      -- I could see the meaning you have pleaded that you
       6      propose to justify -- but what you say the meaning of the
       7      words complained of in this area of the case is and
       8      whatever you wish to say about whether, if that is the
       9      meaning, it is defamatory.
      10
      11      So what I suggest you do is concentrate on that, and
      12      I suggest you start with saying what the meaning is.
      13
      14 MR. MORRIS:  Yes.  We have not prepared an alternative meaning
      15      for G and H.
      16
      17 MR. JUSTICE BELL:  Quite frankly, you do not have to deal
      18      with G.  If you like, after this is all over and any
      19      question of any appeal (if there ever is one) against my
      20      ruling is dealt with, you can say:  "Let us look at the
         pleadings.  If that allegation is not persisted in, let us
      22      strike it out."  I do not actually think it will progress
      23      the case, but you can certainly suggest that to me.  But
      24      we have not got anywhere near that yet.
      25
      26 MR. MORRIS:  I am just trying to find our meanings.
      27
      28 MR. JUSTICE BELL:  If you look in tab number 3 of the abstract
      29      pleadings -- it is on page 7 and runs on to page 8 -- it
      30      is pleaded in the appropriate form, because there is this
      31      distinction, which many people would find rather refined,
      32      that you are obliged not to plead just what you say the
      33      meaning is simplicita, but the meaning which you seek to
      34      justify.  It is a sophistication which we can forget
      35      there.  But that is what you put down in C and D.
      36
      37      You may remember that when we were having the argument on
      38      leave to amend and I was saying I would like to know what
      39      meaning you allege, Ms. Steel actually said:  "We have
      40      pleaded a meaning" and I do not think we actually read it
         out, but I assumed that Ms. Steel was then referring to C
      42      and D on pages 7 and 8 of tab 3.
      43
      44 MS. STEEL:   Yes, I was.
      45
      46 MR. JUSTICE BELL:  What I suggest is you just get on with
      47      arguing what you say the meaning is.  I have read through
      48      and made a note of the argument which you presented to me
      49      on what the meaning was as part of your argument against
      50      giving leave to amend.  But that is not to inhibit you
      51      from repeating any part of it as part of your argument.
      52 
      53 MS. STEEL:   I have my notes in the wrong order now because I
      54      was going to start with the strike out thing.  Could I
      55      just have a couple of minutes?
      56
      57 MR. JUSTICE BELL:  Just sit down for a moment.
      58
      59 MR. MORRIS:  I think part of the confusion lies because if the
      60      meaning pleaded by the Plaintiffs can be shown to be not