Day 305 - 25 Nov 96 - Page 14
1 producing publication and distribution -- do you have a
2 copy there?
3
4 MR. MORRIS: Yes. I have some notes on it.
5
6 MR. JUSTICE BELL: Just follow it as I read it out.
7
8 "By 'produced' is meant that the Defendants and each of
9 them prepared and/or compiled and/or wrote and/or edited
10 and/or printed or arranged to be printed the said leaflet
11 for the purposes of distribution and publication, or caused
12 or were party to or procured or assisted in or authorised
13 the same. Accordingly, the Defendants and each of them had
14 caused the publication of the said leaflet wheresoever and
15 whensoever it has been distributed and published within the
16 jurisdiction up to the date of the writ herein."
17
18 MR. MORRIS: Yes.
19
20 MR. JUSTICE BELL: Which is another way, I would suggest, of
21 saying what I suggested to you a moment ago might be the
22 way the Plaintiffs put the case against you, in part.
23
24 MR. MORRIS: They have got to show what they are talking about,
25 because they cannot just say -- they have already dropped
26 their case against Ms. Steel, anyway, but the "accordingly"
27 would not apply to Ms. Steel because the production part
28 had been dropped; so there is no "accordingly" to link
29 those two.
30
31 The point is, they have to have some proof, because they
32 cannot -- I have not got the original pleading here. They
33 would have to show the production occurred at such and such
34 a time which led to publication at such and such a time.
35 They have to have evidence, because it could be that the
36 production could have been in March 1990, leading to
37 publication in April 1990, which would be within the
38 limitation period, or it could be at a different time which
39 is outside the limitation period, or something which is
40 clearly unproven and could not be proven because Ms. Steel
41 was not involved with the group, or whatever.
42
43 So, I think this whole area -- I would say that the cause
44 of action has to be within the limitation period, and
45 production, if it occurred before the limitation period,
46 would then be ruled out as -----
47
48 MR. JUSTICE BELL: As I understand that as production. But what
49 is being in part alleged against you is that if you produce
50 something with a view to publication, then any publication
51 of it thereafter is your publication as well as lots of
52 other people's, and if it falls within the limitation
53 period -- I am just trying to explain to you how I think
54 the case may be put, in case you want to say anything
55 further about it -- then publication which falls within the
56 limitation is relevant for the purposes of this action.
57
58 MR. MORRIS: Actually, I would not accept that. I have just
59 re-read the pleading -- not notes I have got on the
60 pleading -- and the production they are relying on is
