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4.
Thereafter, it would be open to the plaintiff to apply to the Court for a date on which his Summons is to be heard. It is possible that the Court could fix a date as early as four weeks after the plaintiff applies for a date, so we could be looking to a hearing possibly by early June.
5.
The plaintiff's action is likely to be dealt with in two stages. First, the Court would deal with his assertion that the Film Censorship Authority was not empowered under the Film Censorship Regulations to ban his film. If the plaintiff failed in that part of the action, then the whole proceedings would come to an end, although the plaintiff would have a right to appeal. If, on the other hand, the plaintiff succeeds on this first, and most crucial, point, then the second stage would be an enquiry into damages.
This could be dealt with at a later date.
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It is not possible at this stage to give you an assessment of the Government's chances of success in this action. You are, of course, aware of this Department's reservations concerning the Film Censorship Regulations. Nonetheless, it should not be assumed that the plaintiff will necessarily have an easy task. We will be in a better position to advise you in detail when we have examined the facts. Either Mr Marshall or Mr Logan will contact you shortly to discuss the matter in greater depth. In the meantime, it would be helpful if you could assemble all the papers relating to the film that form the subject matter of the proceedings.
7.
Finally, you may wish to consider what line should be adopted in reply to any press queries that Government may receive over this case. For our part, we would simply confirm the fact that we have been served with legal papers and that these are now being considered and we are taking instructions. Beyond that we would not, in this Department, wish to go.
I shall be happy to discuss further in conference if you so wish.
8.
c.c. Secretary for Administrative
Services & Information
Political Adviser
J.7. Mathod
JF Mathews) Crown Solicitor
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