Day 177 - 26 Oct 95 - Page 53


     
     1
     2   MR. RAMPTON:  Yes.  I would only add this so far as H is
     3        concerned, that whatever the true interpretation of that
     4        part of the leaflet or, indeed, of the pleaded meaning of
     5        H, if we are more or less right about F, more or less --
     6        and, as I say, one does not expect to be able to put down
     7        something which a jury is going to say, "Yes, that is word
     8        perfect -- but if I have got the sting or the thrust of the
     9        leaflet right so far as F is concerned, then frankly H
    10        really does not matter very much.  I am always entitled to
    11        use the last part of this column as context for the earlier
    12        part anyway.
    13
    14   MR. JUSTICE BELL:  Yes, I understand that.
    15
    16   MR. RAMPTON:  Put it like this -- it is a little bit coarse --
    17        but if the food is apt to give people fatal terminal
    18        illnesses it may not matter very much if it makes them also
    19        constipated from time to time.
    20
    21        Then, my Lord, having looked at that, can I then ask your
    22        Lordship to take hold of the leaflet itself.  I am not
    23        going to repeat, at any length at all, all the submissions
    24        I made when we applied for leave to amend because that
    25        would be pointless.  I just want to say a few words, if
    26        I may, about what I conceive to be the character and
    27        purpose of this leaflet, not in a subjective sense at all
    28        but as it would strike the man in the street when he looks
    29        at it.
    30
    31   MR. MORRIS:  Is it possible to have our break so we can go over
    32        the bits we have missed out?
    33
    34   MR. JUSTICE BELL:  You can have a break now if you would like
    35        one unless Mr. Rampton wants to go on for a specific
    36        purpose.  In any event, I was going to give a break when
    37        Mr. Rampton finishes his submissions.  How much longer do
    38        you think you will be?
    39
    40   MR. RAMPTON:  I think I will be finished by half past three.  If
    41        we had a break now it might be 25 to four.
    42
    43   MR. JUSTICE BELL:  Quite frankly, I think it would be better if
    44        Mr. Rampton went on until about half past and then we will
    45        talk about what we do next then.
    46
    47   MR. RAMPTON:  I hope I will not overrun, sometimes one does.  My
    48        Lord, as I say, I would invite your Lordship to consider
    49        what the nature and purpose of this leaflet is, not from
    50        the subjective point of view at all, but how it would have 
    51        struck the man in the street when he first picked up a copy 
    52        of it or got it through the post. 
    53
    54        The first thing I would say is that it is not a specialist
    55        publication.  It is not directed at people with particular
    56        interest in the environment or nutrition or employment or
    57        advertising.  It is directed at the world at large.
    58        "What's wrong with McDonald's?  Everything they don't want
    59        you to know.  The man behind the mask speaks for itself."
    60        What you will find it says, in effect, is within this

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