Day 146 - 03 Jul 95 - Page 25


     
     1
     2        My Lord, the reference is in Gatley, paragraph 1311 on page
     3        537.  I will read it out because the Defendants disdain the
     4        use of this book:  "The natural and ordinary meaning.
     5        Where the plaintiff relies on the natural and ordinary
     6        meaning of the words complained of no evidence is
     7        admissible of their meaning or the sense in which they were
     8        understood, or of any facts giving rise to any inferences
     9        to be drawn from the words used, for it is the jury", in
    10        this case the judge, "to determine the sense in which the
    11        words would reasonably have been understood by an ordinary
    12        man and relied on generally known facts and meanings of
    13        words.  For instance, evidence of the meaning of a slang
    14        expression which has passed into common use would not be
    15        admissible."
    16
    17        Then, my Lord, so far as the Defendants' side is concerned
    18        -- of course, it is the same for both sides -- it is
    19        paragraph 1387 on page 567:  "If the plaintiff relies on
    20        the ordinary meaning of words the defendant may not bring
    21        evidence to show that their ordinary meaning is not that
    22        alleged by the plaintiff".  Then there is a passage with
    23        which we are not concerned in this case.
    24
    25        So, my Lord, the position is very clear.  Unless there is
    26        some other issue in the case to which McSo-and-so may be
    27        said to be relevant -- I would be glad to know what it is
    28         -- we should not have more reference to that during the
    29        course of this case because your Lordship must obviously
    30        approach the leaflet, as it were, innocent of evidence of
    31        any kind save that which your Lordship carries around as a
    32        jury person would, as an ordinary person in the world.
    33        Nothing beyond that is allowed.
    34
    35        My Lord, so far as I am concerned, that is all I have to
    36        say at the moment.
    37
    38   MS. STEEL:   Could we have the five-minute break now, please?
    39
    40   MR. JUSTICE BELL:  You want it before you hear Mr. Atkinson, do
    41        you?
    42
    43   MS. STEEL:  I do not know how long he is going to take.  He
    44        might be going on for quite a while.
    45
    46   MR. ATKINSON:   My Lord, I was hoping to be quite short.
    47
    48   MR. JUSTICE BELL:  I think it might be easier if you heard
    49        everything which is submitted on behalf of the Plaintiffs
    50        and then we will have the break. 
    51 
    52   MR. ATKINSON:  My Lord, the first thing is, do you have the 
    53        counterclaim?
    54
    55   MR. JUSTICE BELL:  Yes.
    56
    57   MR. ATKINSON:   I do not know whether you have had a chance to
    58        refresh your memory on the pleadings?  What I am proposing
    59        to do -----
    60

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