Day 311 - 06 Dec 96 - Page 02
1 Friday, 6th December 1996
2
3 MS. STEEL: I think we are starting with the amendments, are
4 we? If I could just say, I typed out the original
5 counterclaim pleadings. The reason I left this out was
6 because it was taking me an age to type everything up and
7 to type up all the different press releases, and this bit
8 did not specifically mention us, as in "the Defendants", or
9 what have you. So, I spoke to a lawyer about it and asked
10 whether it should be in the words complained of, as it did
11 not specifically mention us, and he said it did not really
12 matter. The impression I got was that we could refer to
13 the whole thing for context, anyway. I mean, that is
14 basically the reason why it was not in there: because it
15 did not specifically say anything about us in that page and
16 a half; but it was always my assumption that the
17 counterclaim referred to the whole of the press release or
18 Background Briefing, whatever it was called, or that this
19 was just sort of context; it did not need to be all typed
20 up and included to be part of it.
21
22 As far as I can see, I mean, we are not adding any
23 additional pleading. It is just adding specific words
24 complained of. I do not know even whether or not that is
25 necessary or whether we can refer to the whole press
26 release, in any event.
27
28 MR. JUSTICE BELL: Yes. Apart from the page of the Background
29 Briefing, do you need to add anything if I thought that you
30 should, in essence, have leave to -- paragraph 17, I think
31 it is.
32
33 MS. STEEL: I do not actually think it is necessary to have a
34 separate pleading.
35
36 MR. JUSTICE BELL: You would say it is in A, would you?
37
38 MS. STEEL: Yes, it comes under A, basically.
39
40 MR. JUSTICE BELL: Just leave it there for a moment. Is there
41 any objection, Mr. Rampton?
42
43 MR. RAMPTON: Not to the addition of those words to the
44 counterclaim, no, certainly not. Plainly, I have not
45 pleaded to them, but since they do not add anything
46 additional to the sting, whatever it may be, it does not
47 matter at all. My only concern would have been if the
48 inclusion of those words in the Background Briefing had
49 been relied on in support of the allegation of malice made
50 against the Plaintiffs, because I might then have wanted to
51 answer that with evidence to explain how that mistake was
52 made; and it was a mistake, it is obvious it was a mistake;
53 and if it was said it was a "deliberate and malicious"
54 mistake, then I might well have wanted to deal with it by
55 way of evidence. It is too late for that. Therefore,
56 under the rules in Cropper v. Smith, and Associated Leisure
57 v. Associated Newspapers, leave cannot now be granted,
58 because that puts me at a disadvantage from which I cannot
59 recover. But, simply to have it included in the words
60 complained of, I have no objection at all. It does not
