Day 304 - 22 Nov 96 - Page 14
1 I have handed up or not actually.
2
3 MR. JUSTICE BELL: It was one of the ones which -----
4
5 MS. STEEL: Mr. Rampton referred to it.
6
7 MR. JUSTICE BELL: Yes, that is right.
8
9 MISS STEEL: Yes, and applied in Lawson v Burns 1976 WLR page
10 369 as follows: "If one repeats and another writes a libel
11 and a third approved what is wrote they are all makers of
12 it for all persons who concur and show their assent or
13 approbation to do an unlawful act are guilty."
14
15 I think the important point, or the point we are really
16 coming on to, is that they do have to show assent. The
17 Plaintiff has to prove more than mere knowledge of the
18 publication of the defamatory material, and that is
19 according to Eggar v Chelmsford 1965 1 QB 248. I don't
20 think that is in the bundle that I handed up. I have got
21 one copy, but actually I am pretty sure we referred to that
22 case when we were arguing against the Plaintiffs being
23 allowed to amend their Statement of Claim. So you may
24 actually have a copy of that already, if you kept those
25 cases.
26
27 We also rely on Design Yearbook Limited v Craig & Ors. 1967
28 111 Solicitors Journal page 719, and this is one of the
29 cases that is in this bundle. It is just one sheet of
30 paper. I do want to refer to this one, we think it is
31 particularly important. I think it comes behind all the
32 ones that are on the list, directly behind them. So it is
33 probably-----
34
35 MR JUSTICE BELL: I have got it.
36
37 MS. STEEL: OK. I think, I don't know, I think this is one
38 that is persuasive, or something, rather than binding,
39 because of -- I don't think it is the Court of Appeal. But
40 anyway, the important part of it -----
41
42 MR. RAMPTON: My Lord, we are a bit concerned. Oh, we have got
43 it here, sorry. My error, I missed it.
44
45 MR. JUSTICE BELL: The list on the front, Ms. Steel quite
46 rightly says, does not have them all on it. It comes
47 immediately after Powell.
48
49 MR. RAMPTON: Yes, I see.
50
51 MR. JUSTICE BELL: Yes.
52
53 MR. RAMPTON: My Lord, that was referred to in the Court of
54 Appeal.
55
56 MS. STEEL: That is right, it was referred to in the Court of
57 Appeal. If you start where there is a cross marked in the
58 text: "On a submission by the Defendants that inter alia
59 there was no evidence against individual Defendants that
60 they personally authorised the secretary to write the
