the legal battle:
ITN vs LM

The Defendants' List of Documents


The legal documents so far:

The original letter from ITN's solicitors

Statement of Claim from ITN

The Defence

Two-Ten Statement in Open Court

The Reply

>The Defendants' List of Documents

Request For Further and Better Particulars of the Defence

The Reply to the Request

Request for Further and Better Particulars of the Reply

IN THE HIGH COURT OF JUSTICE 1997 I No.139

QUEENS BENCH DIVISION

BETWEEN:

[1] INDEPENDENT TELEVISION NEWS LIMITED

[2] PENNY MARSHALL

[3] IAN WILLIAMS

Plaintiffs

and

[1] INFORMINC (LM) LIMITED

[2] MICHAEL HUME

[3] HELENE GULDBERG

Defendants

_______________________

 DEFENDANTS'

LIST OF DOCUMENTS

________________________

The following is a List of the Documents relating to the matters in question in this action which are or have been in the possession, custody or power of the above-named Defendants and which is served in compliance with Order 24, Rule 2.

  1. The Defendants have in their possession, custody or power the documents relating to the matters in question in this action enumerated in Schedule 1 hereto.
  2. The Defendants decline to produce the documents enumerated in Part 2 of the said Schedule 1 on the ground that they are privileged.
  3. The Defendants have in their possession, custody or power the copy documents relating to the matters in question in this action enumerated in Schedule 2 hereto.
  4. Of the documents in the said Schedule 2, they were last in the Defendant's possession, custody or power when sent.
  5. Neither the Defendants' solicitor nor any other person on their behalf has in their possession, custody or power any document of any description whatever relating to any matter in question in this action, other than the documents enumerated in Schedule 1 and Schedule 2 hereto.

________________________________

SCHEDULE 1 - Part 1

________________________________

Here enumerate in a convenient order the documents in the possession, custody or power of the party in question which he does not object to produce with a short description of each document.

  1. NOVO Magazine Nr. 26 [Jan/Feb 97]
  2. English Translation of article in above Magazine by Thomas Deichmann [Jan 97]
  3. Copy of interview notes made by Thomas Deichmann in preparation for his article in NOVO [Oct-Dec 96]
  4. LM Press release - "Journalist Exposes the Truth Behind Bosnia Death Camps photograph" [23.1.97]
  5. 89 Press Release Fax Covers [23.1.97 - 4.2.97]
  6. LM Magazine No. 97 [Feb 97]
  7. Poster "ITN has tried to have every copy of February's LM Magazine pulped. Why?" [Jan/Feb 97]
  8. Sticker - as above [Jan/Feb 97]
  9. Handmade poster made by Brighton students [Jan/Feb 97]
  10. General Press Release contact list
  11. Press Release "ITN Statement on Allegations in LM Magazine" [23.1.97]
  12. Press Release "ITN Tries to Gag LM" [24.1.97]
  13. Press Release "Supporters of LM will Demonstrate their Anger·" [24.1.97]
  14. Press Release "ITN has Tried to Have Every Copy of LM Pulped. Why?"
  15. Press Invitation "Breaking ITN's Blockade" [30.1.97]
  16. Copy Observer article "I Stand By My Story" by Ed Vulliamy [2.2.97]
  17. News Release "LM Editor Mick Hume Replies to Ed Vulliamy" [4.2.97]
  18. Copy letter to Editor of Observer from Mick Hume [4.2.97]
  19. Press Release "LM Demands that ITN News Team is Stripped of Awards" [10.2.97]
  20. Press Release "ITN receives Golden Gag Award" [27.2.97]
  21. Invitation leaflet for rally at Central Hall
  22. Postcard for rally at Central Hall [6.3.97]
  23. Press Release "First public showing of ITN film·"
  24. Press Release "ITN Reports from Bosnia Camp - LM Editor says We Stand by our Story" [17.4.97]
  25. Press Release: the Truth Behind the Tadjc Trial and Trnopolje Camp [7.5.97]
  26. Copy "dope sheet" from WTN re. camp footage [6.8.92]
  27. Copy front page of Daily Mail [7.8.92]
  28. Copy front page The Mirror [7.8.92]
  29. Copy front page of The Star [7.8.92]
  30. Copy article by Ed Vulliamy in Guardian [7.8.92]
  31. Copy article The Independent [13.8.92]
  32. Copy article The Guardian [5.9.92]
  33. Copy Sunday Times [16.8.92]
  34. UK Press Gazette [17.8.92]
  35. Copy The Independent [5.8.93]
  36. Book "Seasons in Hell" Ed Vulliamy [1994]
  37. Copy ITN Bafta Award advertisement from Guardian newspaper [23.3.93]
  38. Transcript of unbroadcast interview with Penny Marshall re. Channel 4 documentary broadcast 24.8.93 [24.8.93]
  39. UK Press Gazette "ITN threatens to sue LM over story on Bosnian conflict" [31.1.97]
  40. Report by Thomas Deichmann for International War Crimes Tribunal [Oct 96]
  41. Video Cassettes as follows:

    1. Two video cassettes comprising copies of:

    (i) ITN rushes of the 3rd-5th August 1992

    (ii) Professor Wladimiroff's video of Trnopolje campsite 1996

    2. Video comprising a copy of Bosnian Serb TV film of Trnopolje camp 5th August 1992

    3. Video comprising ITN broadcasts from ITV and Channel 4 of 6th August 1992 [6.8.92]

    4. Video compilation of ITN broadcasts from ITV on 7.8.92 [7.8.92]

    5. Video cassette comprising copy ITN rushes of Penny Marshall's return trip to Trnopolje [Aug 92]

    6. Video cassette comprising German TV footage of Penny Marshall discussing significance of the fence at Trnopolje [11.10.93]

    7. Video cassette of evidence of Thomas Deichmann to International War Crimes Tribunal [Oct 96]

  42. Copies of Living Marxism articles referred to in Defendant's Reply [Various]

  43. Copies of Living Marxism and LM articles not referred to in the Defendant's Reply

    1. "The Dangers of Succession" Joan Phillips [Aug 91]

    2. "Rewriting the Second World War" Pat Roberts [Nov 91]

    3. "Croatia: Germany's Gulf War?" Rob Knight [Dec 91]

    4. "Frontier War: Europe's new East-West Divide" Joan Phillips [Jan 92]

    5. "Erasing the Past" Joan Phillips [Jan 92]

    6. "Burying Tito" Andy Clarkson [Jan 92]

    7. "Today the East, Tomorrow the World" Frank Richards [Feb 92]

    8. "Whose War is it Anyway?" Joan Phillips [Feb 92]

    9. "No Western Solution" Mick Hume [Sep 92]

    10. "Elitism rules the East" Dominic Salter [Jan 93]

    11. "Beyond Peace-Keeping" Andy Clarkson [Feb 93]

    12. "Our Yugoslav Peace Plan" [Jun 93]

    13. "When Peace Means War" Pat Roberts [Jun 93]

    14. "America's Balkan Intrigue" Joan Phillips [Oct 93]

    15. "Whose Next Hitler?" Joan Phillips [Nov 93]

    16. "America pulls the strings in Bosnia" Joan Phillips [Jun 94]

    17. "Tomahawks for Peace" Joan Phillips [Oct 95]

    18. "Genocide, War Crimes and Propaganda" Mick Hume [Mar 96]

    19. "Soft Totalitarism" Sabine Reul and Thomas Deichmann [Jun 96]

    20. "Who Fixed Bosnia's Elections" Dave Chandler [Nov 96]

    21. "Good Lies make Bad News" Mick Hume [Mar 97]

    22. "The Mag ITN Wants to Gag" [Mar 97]

    23. "The Right to be Offensive" Mick Hume [Apr 97]

    24. "How Media Misinformation led to Bosnian Intervention" George Kenney [Apr 97]

    25. "Fight for the Right to be Offensive" Mick Hume [May 97]

    26. "Exactly as it Happened?" Thomas Deichmann [May 97]

    27. "There are Camps and there are Concentration Camps" Mick Hume [Jun 97]

    28. "Thou Shalt Not" Mick Hume [Jun 97]

    29. "ITN on Trial" Thomas Deichmann [Jul/Aug 97]

    30. "The Dope Sheet that Fooled the World" Dr. Graham Barnfield [Jul/Aug 97]

    31. "Media Monsters" Mick Hume [Jul/Aug 97]

  44. The following articles from The Next Step:

    1. "The Sick Man in Europe" Russell Osbourne 21.10.88

    2. "Crisis in Kosovo" Russell Osbourne 2.12.88

    3. "Pogrom in Kosovo" Russell Osbourne 10.3.89

    4. "Bloodbath in Kosovo" Russell Osbourne 7.4.89

    5. "Yugoslavia - the Dangers of Disintegration" 5.7.91

    6. "Yugoslavia and the New World Order" 12.7.91

    7. "Yugoslavia - Explaining the Issues" 22.11.91

    8. "Bosnia Serbia and the West" 22.5.92

    9. "Targeting Serbia" 5.6.92

    10. "Great Power Games" 10.7.92

  45. "Whose War is it Anyway" "The Dangers of the the Journalism of Attachment" Mick Hume Informinc (LM) Limited [29.5.97]

_______________________________________________

SCHEDULE 1 - Part 2

_______________________________________________

[Here enumerate as aforesaid the documents in the possession, custody or power of the party in question which he objects to produce.]

Solicitor and client correspondence, Instructions to Counsel, communications with witnesses and expert witnesses entering into solely for the purposes of pursuing the litigation, and all other privileged documents and correspondence.

_______________________________________________

SCHEDULE 2

_______________________________________________

[Here enumerate as aforesaid the documents which have been, but at the date of service of the list are not, in the possession, custody or power of the party in question.]

  1. The originals of copy letters sent out by the Defendants and their solicitors and the originals of copy documents supplied to the Defendants or their solicitors.
  2. 9000 posters similar to Item 7 Schedule 1 Part 1
  3. 12000 stickers similar to Item 8 Schedule 1 Part 1
  4. 2000 invitation leaflets similar to Item 21 Schedule 1 Part 1

_________________________________________________

 Dated the day of 1997

NOTICE TO INSPECT

Take notice that the documents in the above list, other than those listed in Part 2 of Schedule 1 and Schedule 2 may be inspected at the office of the solicitor of the above-named by prior appointment between the hours of 9.30 a.m. and 5.30 p.m.

To the Plaintiffs and their solicitors

SERVED the 21st day of October 1997 by Christian Fisher of 42 Museum Street, Bloomsbury, London WC1A 1LY, solicitors for the Defendants.

1997 I No. 139

IN THE HIGH COURT OF JUSTICE

QUEENS BENCH DIVISION

BETWEEN:

[1] INDEPENDENT TELEVISION NEWS LIMITED

[2] PENNY MARSHALL

[3] IAN WILLIAMS

Plaintiffs

and

[1] INFORMINC (LM) LIMITED

[2] MICHAEL HUME

[3] HELENE GULDBERG

Defendants

_________________________________

DEFENDANTS'

LIST OF DOCUMENTS

_________________________________

CHRISTIAN FISHER, 42 Museum Street, Bloomsbury, London WC1A 1LY

Ref: MF.COC.

Tel: 0171-831-1750

Solicitors for the Defendants

The Reply