Day 145 - 29 Jun 95 - Page 58


     
     1        there are a couple of other things -----
     2
     3   MR. MORRIS:  Can I just say before we move off nutrition, if it
     4        is not nutrition ---
     5
     6   MR. RAMPTON:  No, it is nothing to do with nutrition.
     7
     8   MR. MORRIS:  -- can I just say one thing?  The advice that we
     9        are getting -- there is no harm in letting the court know
    10         -- about the nutrition issue is the matter if a party,
    11        which in this case is the Plaintiffs or McDonald's, have
    12        circulated virtually identical -----
    13
    14   MR. RAMPTON:  My Lord, I do not think we should have this now.
    15        This is part of Mr. Morris ------
    16
    17   MR. MORRIS:  I am just saying it so that we can check the
    18        authorities.
    19
    20   MR. RAMPTON:  No, my Lord, I am sorry.  No, my Lord.  Mr. Morris
    21        may persuade your Lordship otherwise.  This is not proper.
    22        These matters are to be argued, whether in chambers or not,
    23        I do not know, on Monday and later of next week.  It is not
    24        right for Mr. Morris to start rehearsing a particular part
    25        of his argument now in open court.
    26
    27   MS. STEEL:  It is not rehearsing the argument.
    28
    29   MR. MORRIS:  I am not rehearsing it.  I am saying so that you
    30        have advanced notice, as you asked for, because it is not
    31        detailed on the list, that the thrust of the advice that we
    32        are going for is if a Plaintiff has circulated identical,
    33        or virtually identical, or materially identical,
    34        information or views to what is complained of in the
    35        leaflet, or a significant aspect of it, whether, therefore,
    36        there is no case to answer or that part should be struck
    37        out.
    38
    39   MR. RAMPTON:  That is precisely why I said in code the other day
    40         -- the Defendants never listen to what I say -- that the
    41        Defendants should, if they are to take such advice, for the
    42        sake of the time of the legal adviser, apart from anything
    43        else, show him the amend Statement of Claim in this area
    44         ---
    45
    46   MR. MORRIS:  Yes, we are aware of that.
    47
    48   MR. RAMPTON:  -- and the judgment which your Lordship gave.
    49        Once that is done, it will be understood (which Mr. Morris
    50        presently, apparently, does not understand) that the key to 
    51        this question is the meaning of the words. 
    52 
    53   MS. STEEL:  It may be, Mr. Rampton, that not all legal advisers
    54        would agree with you.
    55
    56   MR. JUSTICE BELL:  Leave further argument there about it.  Do we
    57        sit in chambers or in open court?
    58
    59   MR. RAMPTON:  My Lord, I much prefer to sit in chambers.  There
    60        is a whole range of interlocutory matters.  First of all,

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