Day 177 - 26 Oct 95 - Page 38


     
     1
     2   MR. RAMPTON:  Gillick.
     3
     4   MR. MORRIS:  Where are we now?
     5
     6   MR. RAMPTON:  Tab 14.
     7
     8   MR. JUSTICE BELL: Gillick is 14, is it?
     9
    10   MR. RAMPTON:  Yes, my Lord, it is.
    11
    12   MR. MORRIS:  I have not got a 14.
    13
    14   MR. JUSTICE BELL: I hope you received from me Gillick.
    15
    16   MR. RAMPTON:  There it is.
    17
    18   MR. MORRIS:  Is that your copy?
    19
    20   MR. JUSTICE BELL: Mr. Rampton is saying Gillick should now be
    21        14.  It does not matter where you put it.  If you write
    22        "14" on the top, we will know where we are.
    23
    24   MR. RAMPTON:  Put it at the end of the bundle.
    25
    26   MR. JUSTICE BELL: Yes.
    27
    28   MR. RAMPTON:  I see where your Lordship found the word
    29        "culpable".  I should not necessarily be thought to accept
    30        that the word "morally" is necessary for a defamatory
    31        meaning at all, so far as a trader is concerned, though
    32        your Lordship may think that many of the allegations which
    33        are made by this leaflet do in fact inculpate McDonald's in
    34        a moral sense as well as a commercial sense.
    35
    36        My Lord, I was not going to read this judgment given by
    37        Neill L.J., because to a large extent it simply reflects
    38        what is said in Skuse, which one has looked at already.
    39        I do draw particular attention in the middle column to the
    40        numbered paragraphs 2, 3, 4, 5 and 6.  I would add that
    41        I believe from 5 are missing the words at the end of the
    42        sentence "to the impression made", the word should be added
    43        "on the court"; otherwise, it does not make much sense.
    44
    45   MR. JUSTICE BELL:  Well, I have in fact obtained from
    46        Neill L.J.'s clerk the judgments handed down.  I have not
    47        seen any point in copying them, although I am quite content
    48        tht copies should be made.  I am sure Neill L.J. would not
    49        mind.  But what 5 reads in his judgment as handed down is:
    50 
    51             "In deciding what impression the material 
    52             complained of would have been likely to have on 
    53             the hypothetical reasonable viewer, the court
    54             are entitled, if not bound, to have regard to
    55             the impression it made on them."
    56
    57   MR. RAMPTON:  Yes.  That is what I thought it must have done.
    58        I have not seen the judgment, but it does not make sense
    59        unless one adds those words.
    60

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