Day 032 - 06 Oct 94 - Page 81


     
     1        the words complained of, so too must a defendant specify
     2        what is the defamatory charge which he seeks to justify.
     3        It follows from that that it is not open to Mr. Morris and
     4        Ms. Steel, as they no doubt would like, to go on using the
     5        word "link" as though it covered a multitude of sins, any
     6        one of which they can pick out at the end of the case
     7        according to how they think the evidence has gone.  They
     8        must very shortly -- and we would suggest at the end of
     9        the evidence on nutrition -- decide what their case is,
    10        what is meant by the word "link", that they say is true.
    11
    12        That, my Lord, as I understand it, is the true statement
    13        of the law.  They should be forewarned that that will be
    14        my submission so they can get legal advice about it.
    15
    16   MR. JUSTICE BELL:  Before you present your argument, and do not
    17        go any more about it now -- I have used the phrase before
    18         -- keep your powder dry for the actual argument.  When
    19        you do come to argue it, if you say that "linked" in the
    20        leaflet means something other than "caused", I would like
    21        you to tell me what your definition of "linked" is,
    22        because that may be very relevant to the argument as to
    23        whether there has been any change of ground by McDonald's
    24        and what you are seeking to justify.  That is not why I
    25        raised the topic now.
    26
    27        What I do not want you to do is, if this amendment were
    28        allowed in two weeks time or whatever is said, "Oh, well,
    29        if we had appreciated the amendment was going to be
    30        allowed we would have asked Dr. Barnard this, but we did
    31        not".  Do you understand?  Which is why I started this
    32        intervention by saying that when you call Dr. Barnard you
    33        should, in your own interest, act as if the pleading has
    34        both F in its crossed out form at the top of page 13 of
    35        the draft amendment, and has F in its suggested new form;
    36        both of them.
    37
    38   MR. MORRIS:  Yes.
    39
    40   MR. JUSTICE BELL:  We will resume with Dr. Barnard on Monday
    41        morning.
    42
    43        (The court adjourned until Monday 10th October 1994)
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