Day 066 - 14 Dec 94 - Page 02
1 14th December 1994.
3 MR. JUSTICE BELL: Before we proceed to any evidence, I formally
4 hand down my draft decisions and reasons on the question of
5 the applications to amend the Statement of Claim and for
6 Further and Better Particulars of the Further and Better
7 Particulars of the Defence and Counterclaim.
9 Leave is given to the Plaintiffs to amend paragraphs 4F and
10 4L of the Statement of Claim to the forms set out in their
11 draft amendment. I will reserve the question of any costs
12 arising out of the amendment or thrown away as a result of
13 the amendment.
15 So far as the Further and Better Particulars of the Defence
16 to Counterclaim are concerned, turning to page 44: "In my
17 judgment it should not be left to the Defendants to scour
18 the statements, photographs and videos provided by the
19 Defendants in an attempt to discover the case made against
20 them in this part of the action." I should say that is
21 answers 32 and 33. "The Plaintiffs should set out the
22 particular facts upon which they propose to rely for the
23 inference which is pleaded. I accordingly order the
24 Plaintiffs to specify the facts and matters upon which they
25 rely for the inference that the Defendants and each of them
26 organised the listed demonstrations (Answer 32) and the
27 specified fayres (Answer 33) by Monday, 31st January,
28 1995. I do not consider that the Plaintiffs need to plead
29 the steps of organisation allegedly taken by each Defendant
30 unless they are within their knowledge".
32 Then on page 45 in relation to the various leaflets: "I
33 agree that the Plaintiffs should give the particulars
34 requested in so far as they are able to do so. I therefore
35 order that the Plaintiffs by 31st January 1995 provide, by
36 schedule or otherwise, such particulars as are available to
37 them of the place and time of publication of each of the
38 appended leaflets, and of the time when and place where
39 each leaflet came into their possession, and stating any
40 particular fact that is relied upon for the conclusion that
41 either Defendant was involved in its publication".
43 So, that is all I propose to say about those applications.
45 MR. MORRIS: Is this going to be incorporated into the
46 transcript as a document?
48 MR. JUSTICE BELL: I will leave that to the stenographer. What
49 they may prefer to do is transcribe what has been said in
50 open court. As happened when interlocutory judgments have
51 been given in the past, they will be transcribed into a
52 form of separate judgment, but it is public property
53 absolutely. The decisions and reasons are to be taken to
54 have been given in open court.
56 MR. RAMPTON: My Lord, I am afraid I have only just had a chance
57 to glance at the judgment. This is not meant as a
58 criticism, but if the ruling is going to be read into the
59 record in some way or other -- maybe I misread it -- at the
60 bottom of page 36 there is a sentence which begins with a