Day 275 - 08 Jul 96 - Page 03
1 MS. STEEL: I think Mr. Preston admitted--
2
3 MR. JUSTICE BELL: As a result of the document being sent it is
4 alleged, or one of them, quite recently, after Mr. Preston
5 had given evidence to some -- while he was being
6 cross-examined it was put to him, was it two well known
7 politicians.
8
9 MS. STEEL: It was also one to a German journalist.
10
11 MR. JUSTICE BELL: Yes, so it is based on that. Do you remember
12 the memorandum which said that Mr. Preston could not talk
13 to the German journalist because he was giving his evidence
14 but in the meantime--
15
16 MR. RAMPTON: Yes, I do.
17
18 MR. JUSTICE BELL: -- a document was sent and it was one of the
19 documents complained of in the counterclaim, or a copy
20 thereof.
21
22 MR. MORRIS: From Mike Love to Annette Heider for Stern
23 Magazine.
24
25 MR. RAMPTON: I have probably got a cast iron defence under
26 German law, but I do not know what it is.
27
28 MR. JUSTICE BELL: The only point at the moment is whether the
29 defendant should have leave -- right, you have got leave to
30 amend in the form I have just suggested to you.
31
32 MR. JUSTICE BELL: While we are on that, as far as I am
33 concerned, there is no urgency though I should really have
34 it before the end of this term, is a clean copy of your
35 amended defence with the allegation of consent.
36
37 MS. STEEL: Yes, right. I have only got one copy but--
38
39 MR. JUSTICE BELL: You should also have reword-processed your
40 counterclaim, including paragraph 16 as it is now amended.
41 If you are in doubt about the wording I will read it out to
42 you again the way I have written down at some stage. The
43 reason it is important to have it is not so much for my
44 purposes, because I know what the effect of both is,
45 although it would help me to have a clean copy, and it is
46 important that you should produce one, so that Mr. Rampton
47 can look at it and if he thinks that is not the form in
48 which leave was granted we can have some discussion about
49 it. But the bottom line is that if, which obviously I hope
50 will not happen, there were any appeal, the one thing you
51 would have to produce, as well as many other things, is an
52 up-to-date copy of the pleadings in the case.
53
54 MS. STEEL: Yes.
55
56 MR. JUSTICE BELL: Yes. Right.
57
58 MR. MORRIS: Just before we go on to the list, which I will
59 explain what the situation is with that, but just that the
60 application to join the inquiry agents as third parties to
