Day 294 - 05 Nov 96 - Page 27


     
     1        untrained people, the flashing lights -- just basically the
     2        fast through put and the inevitable fragility of that.
     3
     4        Can I just say that although it may be conceded that we
     5        have established our case all the way up to the actual
     6        store-----
     7
     8   MR. RAMPTON:   It certainly is not.
     9
    10   MR. MORRIS:   Mr. Rampton is not conceding perhaps-----
    11
    12   MR JUSTICE BELL:  I think that was a bit optimistic.
    13
    14   MR. RAMPTON:   I do agree that cooking is the most important
    15        thing, that is quite clear on the evidence.
    16
    17   MR. JUSTICE BELL:  Yes.  You may find yourself in the position
    18        that such is the way of things that if food is not properly
    19        cooked, especially if it is minced beef, there would be a
    20        real risk of significant food poisoning.  Now, I am not
    21        giving any view of it.  I obviously have certain
    22        preliminary views about some aspects of it, but I do not
    23        have any finished views.  Let us suppose it is just the way
    24        of things, particularly with minced meat products-----
    25
    26   MR. MORRIS:   And chicken.
    27
    28   MR. JUSTICE BELL:   That there would be a real risk of food
    29        poisoning were it not properly cooked.  I mean, let us
    30        suppose that turns out to be the situation.  Then one has
    31        to look at what the restaurant practices are, not just
    32        cooking, general hygiene practices, and one has to look at
    33        cooking particularly, and ask oneself, say again, if
    34        McDonald's construction of the leaflet is correct, and say,
    35        taking all that into account, is there a real risk of food
    36        poisoning?  I think there is much more common ground about
    37        the risks, such as they are, up to the point of cooking
    38        than there is about the cooking.
    39
    40   MR. MORRIS:   Right.  I think that common ground has come
    41        because we have effectively -----
    42
    43   MR. JUSTICE BELL:  It may be.
    44
    45   MR. MORRIS:   Demonstrated our case is correct.
    46
    47   MR JUSTICE BELL:  I am less concerned than the parties
    48        habitually are on who has one won this battle and who has
    49        won that battle.  I am much more concerned with who has the
    50        war at the end of the day.
    51
    52   MR. MORRIS:   Yes, but I think it should be recognised.  It does
    53        not matter who won it.  But the point is that whatever
    54        happens the more of the leaflet that is the defamatory
    55        words identified in the statement of claim that are proven,
    56        then the better as far as we are concerned, obviously.
    57
    58        I will move on.  I have dealt with cooking to some extent
    59        but I will come on to that again in a minute.  I still feel
    60        I just want to go through the rest of the process with our

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