Day 178 - 27 Oct 95 - Page 05

     
       1      defamatory, then although we have got suggested meanings
       2      for that section, then that is a useful exercise to go
       3      through, because if the meanings pleaded by the Plaintiffs
       4      are not defamatory, it becomes an academic exercise for
       5      the Plaintiffs to now seek to extend the whole argument,
       6      to try to create something that is a defamatory meaning
       7      that they have not pleaded.
       8
       9      So, I think that will be dealt with; we are just trying to
      10      do it in the order in which you wish, but it will be our
      11      case that the statement of claim meanings raised by the
      12      Plaintiffs are not defamatory.
      13
      14 MR. JUSTICE BELL:  By all means bring that in, but forget
      15      questions of striking out.  The most important thing for
      16      me to understand is just what you argue that the meaning
      17      actually is.
      18
      19 MR. MORRIS:  Yes.
      20
      21 MR. JUSTICE BELL:  I mean, maybe I am a simpleton, but that
      22      seems to me be absolutely fundamental and then everything
      23      else springs off it.  Any way, please do that because
      24      I did go to the bother of reading all the transcripts of
      25      the argument on leave to amend and making notes of the
      26      arguments put forward by Ms. Steel and yourself as well as
      27      Mr. Rampton in so far as they went, not to the question of
      28      whether there should be an amendment, but to what the
      29      actual meaning was because there was quite a lot of
      30      argument on that topic then, several pages of it in the
      31      transcript.  Do you want a  -----
      32
      33 MS. STEEL:  I am just about sorted out.
      34
      35 MR. JUSTICE BELL:  If I may say so, I think you got a bit
      36      flustered by the beginning of the day.  I would rather go
      37      for a walk and let you get yourself in order without the
      38      pressure of me sitting there.  I will come back at five to
      39      11, but kick off with what you say it means.
      40
                        (Short adjournment)
      42
      43 MS. STEEL:   We have pleaded a meaning and, I mean, I think it
      44      does say what we believe the meaning to be, although
      45      perhaps it could have been expressed slightly more
      46      clearly, but the meaning that I read out in the previous
      47      argument was basically the same.  It just went into more
      48      explanation so that it was broken down entirely.
      49
      50 MR. JUSTICE BELL:  Have you written out your version or do you
      51      want me to take it from what is in tab 3 and what you have
      52      said on the previous page? 
      53
      54 MS. STEEL:   I am sorry.  I cannot carry on.
      55
      56 MR. JUSTICE BELL:  What I will do is I am going to break off
      57      until quarter past 11, and then if there is some
      58      particular problem -- when we come back we will go into
      59      chambers just for a minute or two -- I want you to tell me
      60      about it or Mr. Morris.