Day 186 - 10 Nov 95 - Page 44
1
2 MS. STEEL: Would it be possible to have until five past,
3 please?
4
5 MR. JUSTICE BELL: Yes.
6
7 MS. STEEL: Thank you.
8
9 (Short Adjournment)
10
11 MR. MORRIS: I am just going to go through the authorities.
12
13 MR. JUSTICE BELL: Only refer to them in so far as you differ
14 from ---
15
16 MR. MORRIS: Yes -- very briefly.
17
18 MR. JUSTICE BELL: -- Mr. Rampton.
19
20 MR. MORRIS: I just want to point out a couple of sentences in
21 each one, really. The first one is the Gillick case, which
22 I think Mr. Rampton said on his sheet of paper, or it was
23 your piece of paper, was number 14.
24
25 MR. JUSTICE BELL: Yes.
26
27 MR. MORRIS: Just in the central column, point 2:
28
29 "The reasonable reader should be someone who did
30 not and should not select one bad meaning where
31 other non-defamatory meanings were available."
32
33 I just wanted to emphasise that particular point. The next
34 one I would like to mention is page 72 of Gatley.
35
36 MR. JUSTICE BELL: Do you mean paragraph?
37
38 MR. MORRIS: Actually, it is page 72, paragraph 72.
39
40 MR. JUSTICE BELL: No. I think the big numbers at the top of
41 the page are paragraph numbers, and the page numbers are at
42 the bottom.
43
44 MR. MORRIS: I see. I did not realise.
45
46 MR. JUSTICE BELL: It does not matter.
47
48 MR. MORRIS: Paragraph 72 then, yes. I am in your hands
49 generally with the interpretation of all the authorities,
50 obviously, because you are much more experienced than we
51 are. But I just want to point out that the bottom line
52 there, X Y Z:
53
54 "....was held not to be a libel on the plaintiff
55 either generally or in the way of his trade, but
56 only a reflection on the goods sold by him which
57 was not actionable without proof of (malice and
58 of) special damage."
59
60 I just wanted to point that out. (Pause)
