Day 288 - 28 Oct 96 - Page 21
1 not need to worry about it, because Mr. Rampton has said
2 you are entitled to say that there is a comment there. I
3 would like you at some stage, if that is your argument, to
4 express what the comment is and why you say it is comment
5 rather than statement of fact, because I have tried to be
6 candid with you and say I do not see it at the moment as
7 comment.
8
9 MS. STEEL: Which - torture?
10
11 MR. JUSTICE BELL: No. If there is a comment there, as opposed
12 to the statement of fact -- take this down if you like --
13 if there is a comment in this part of the leaflet as
14 opposed to a statement or statements of fact, what is the
15 comment, formulate it for me. That is, I think, the form
16 of words to say what the comment is, and tell me why you
17 would say that it is a comment rather than a statement of
18 fact. (Pause) Just listen to me for a moment. You do not
19 have to do it now, because you have got quite enough you
20 can address me about even supposing that the reaction I put
21 to you that they are all statements of fact and since they
22 include a general sting you can rely upon all the matters
23 of complaint you would rely on. Nothing I am saying, in
24 other words, is telling you, no, I do not want to hear
25 about that because I can't take account of that. Rather
26 the reverse. (Pause)
27
28 The last thing you said to me before Mr. Rampton
29 intervened, helpfully, in my view, and then Mr. Morris had
30 something to say, you said that on day 205 there was a
31 discussion about inferential meaning.
32
33 MS. STEEL: Yes, I do not know if you want to know which page
34 it was on. I can tell you if you want.
35
36 MR. JUSTICE BELL: Yes.
37
38 MS. STEEL: It starts on page 11, and you said that McDonald's
39 have pleaded an inferential meaning utterly indifferent and
40 that, quote, that you may argue in future -- sorry, that
41 you may argue in the future is what entitles you to call
42 all the other evidence which you have called about what you
43 would say is inhumane treatment of animals, particularly
44 chickens, to support that, although they are not expressed
45 as facts within the leaflet yourself. Then you refer to
46 paragraph 11.12 of Duncan and Neil.
47
48 MR. JUSTICE BELL: Yes.
49
50 MS. STEEL: Then you say, there is a sentence there which reads
51 as follows, quote, the law is at the stage of development,
52 unquote, and then you say, it may be in due course argued
53 that it has developed beyond what is there, but the editors
54 go on to say, quote, if the plaintiff himself plead an
55 inferential meaning to the effect that the words meant, for
56 example, that he was a dishonest man or unfit to be a
57 director, unquote, you say, for which here read that the
58 Plaintiffs were indifferent to the welfare of animals being
59 the inferential meaning. And then reading again, quote,
60 the Defendants will then be free to introduce evidence of
