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

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