Day 300 - 14 Nov 96 - Page 15


     
     1   MR. MORRIS:   I know.  It is difficult, because this is what we
     2        wanted to avoid, which no doubt happens in every case in
     3        the world, which is the legal fancy footwork kind of
     4        approach, whatever is most beneficial to our case.
     5        Basically, we do not want to take that approach.  We want
     6        to be honest.
     7
     8   MR. JUSTICE BELL:  You can do that, as Mr. Rampton said a couple
     9        of weeks ago now.  What you can say is, "We say it is
    10        comment, we say it is fair comment, because look at the
    11        allegations of fact which are made, or sufficiently
    12        referred to, in the leaflet or which everyone knows in any
    13        event, and we have proved those and, therefore, any
    14        reasonable person, even if he was a bit biased one way or
    15        the other, could still reasonably hold what view."  So that
    16        can be defended as fair comment.  You can say, "But even if
    17        we are wrong about that, if it is a statement of fact it is
    18        a general charge of exploitation of children, and we have
    19        justified that as proved, based on these matters."
    20
    21        But it is helpful to me to know which you put first on your
    22        agenda, apart from anything else, if in a particular part
    23        of the case you do not allege that there is a comment I can
    24        probably forget about that and just concentrate on it as a
    25        statement of fact, and it is because Ms. Steel said
    26        exploitation of children is a comment and it is reasonable
    27        -- when she was going about explaining how she would say
    28        account may be taken of what goes on in other countries --
    29        that I wanted to get it down clearly in my note.
    30
    31   MR. MORRIS:   I mean, to some extent all the headings can be
    32        seen as comment.  Well, "what is it like working for
    33        McDonald's" does not really say very much.
    34
    35   MR. JUSTICE BELL:  That is the only one, it seems to me, which
    36        cannot be said to be comment.  It is the only one which
    37        does not -- it does not impute a criticism of McDonald's.
    38
    39   MR. MORRIS:   Yes.  But all the headings are basically saying,
    40        'We are now going to say some things about McDonald's',
    41        which include fact and comment, and the heading is a
    42        general comment about the overall, you know, conclusion
    43        from it, which we are entitled to draw.  Or anybody would
    44        be entitled to draw even if it may not be the right
    45        conclusion, but it is a fair conclusion that a reasonable
    46        person could draw from the following information and
    47        opinion.
    48
    49   MR. JUSTICE BELL:   Just pause a moment.  (Pause) I am just
    50        going to read back to you what I have just written down.  I
    51        want you to think about it, because when we come at some
    52        stage, and really before Mr. Rampton stands up to address
    53        me, I would like you -- and you can do it quite quickly --
    54        to tell me what your final position is on what you would
    55        argue is comment.  But what I have put down now, so that
    56        you can have a second think about it -- I don't think you
    57        are harming yourself, I want to see at some stage if you
    58        both agree -- is, all the headings save 're employment' are
    59        comments based on what follows.  That is a reasonable
    60        conclusion which anyone could draw from what follows under

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