Day 280 - 17 Jul 96 - Page 10

     
     1
     2   MR. JUSTICE BELL:  Yes.  Is not all that therefore subject to
     3        implicit consent, save where a witness, for instance, has
     4        said -- query whether I accept the evidence -- but save
     5        where a witness has said, 'I would not consent', for
     6        instance 'to stealing a letter', or something of that, but
     7        everything which might reasonably follow from infiltration,
     8        including some participation in the activities of London
     9        Greenpeace, has been consented to.
    10
    11   MR. STARMER:   Well, that is right.  I mean, I accept that and I
    12        cannot pull away.
    13
    14   MR. JUSTICE BELL:  So far as the inquiry agents are concerned,
    15        big question-mark, so far as the Defendants are concerned--
    16
    17   MR. MORRIS:  Plaintiffs.
    18
    19   MR. STARMER:   No.
    20
    MR. RAMPTON:  Defendants.
    22
    23   MR. JUSTICE BELL:  No.  So far as the Defendants are concerned.
    24
    25   MR. MORRIS:  I am sorry, yes.
    26
    27   MR. STARMER:   I cannot escape from the consent argument that
    28        the likelihood is that the third parties are going to say
    29        'We were expressly, or at least impliedly, authorised to
    30        do this' but unless and until the Plaintiffs restrict their
    31        claim or unless or until the Court rules that they cannot
    32        succeed on that part of the claim, the test is whether they
    33        are going to be liable to in respect of the same damage at
    34        the end of the case.  So, at the moment the Defendants are
    35        potentially liable for that selfsame distribution and
    36        remains so until ruling in the case, and the advantage of
    37        joining the third parties in the proceedings at this stage
    38        is that it can be determined once and for all between the
    39        parties, and if they do succeed on their consent defence
    40        then that obviously is an issue that is then to determine
         between the parties.  But at the moment, one has to treat
    42        it as, what is the potential liability of the Defendants,
    43        and at the moment they are potentially liable for the
    44        distribution and onward distribution by the proposed third
    45        parties and remain so until pleadings are amended again, if
    46        they are to be amended again.
    47
    48   MR. JUSTICE BELL:  Yes, thank you.
    49
    50   MR. STARMER:   My Lord, I will just see whether there is
    51        anything that is in this--
    52
    53   MR. JUSTICE BELL:   I think I interrupted you when you got to
    54        the foot of paragraph 7 in your skeleton?
    55
    56   MR. STARMER:   Yes, that is right.  Well, I can probably skip
    57        parts now because we have obviously dealt with them.  So
    58        far as the campaign is concerned, and the period of the
    59        campaign, I do not think it is in dispute.  So far as the
    60        Plaintiffs are concerned their allegation is it was an