Day 309 - 03 Dec 96 - Page 03

     
     1        own thoughts on the subject during the case, I have matters
     2        I would like to ask you about that, I think in relation to
     3        each of the topics so far, which in fact is everything but
     4        publication -- no, it is everything so far as the claim is
     5        concerned.
     6
     7   MR. RAMPTON:  Your Lordship has it all, the meanings.
     8
     9   MR. JUSTICE BELL:  Then I have flagged your bundles at various
    10        points where queries came into my mind on what you have
    11        written.  If it is all the same to you, what I would like
    12        to do is, we could start right now, I could put those
    13        matters to you.
    14
    15   MR. RAMPTON:  Yes, absolutely.  Where would your Lordship like
    16        to start?
    17
    18   MR. JUSTICE BELL:  Bundle 1.
    19
    20   MR. RAMPTON:  Right.
    21
    22   MR. JUSTICE BELL: Always a good place to start.  There is
    23        nothing to ask you about meaning on this.
    24
    25   MR. RAMPTON:  No.
    26
    27   MR. JUSTICE BELL:  I have expressed the meaning as I have
    28        expressed it, and there we are.  But it did occur to me
    29        that another way of expressing 'very real', where it occurs
    30        in relation to risk, would be by the word 'serious', and
    31        I think when I came to it, that is -----
    32
    33   MR. RAMPTON:  That is what I said.
    34
    35   MR. JUSTICE BELL:  That is a suggestion which you made as well.
    36        That is something which had already occurred to me as we
    37        went back into the evidence on that topic.
    38
    39   MR. RAMPTON:  Yes.  I think I said 'strong' or 'serious'.
    40
    MR. JUSTICE BELL:  You have it at the bottom of page 89 of
    42        bundle.  You deal with very real risk on page 1 of the
    43        bundle, and then it is -----
    44
    45   MR. RAMPTON:  I apologise for the slightly melodramatic
    46        reference to the Nazis, it appears on the next page, but it
    47        did seem to me that is the sort of gradation I was looking
    48        for.
    49
    50   MR. JUSTICE BELL: Well, the way I put it to myself was that 
    51        whether you say very real or serious it is 'something' a 
    52        risk about which the ordinary sensible reader of averagely 
    53        robust temperament should worry.
    54
    55   MR. RAMPTON:  Yes.  I might put it a little -----
    56
    57   MR. JUSTICE BELL:  One worries about very real risks and manages
    58        to get through life without worrying too much about minimal
    59         -- or bare risks, however you call them.
    60