Day 186 - 10 Nov 95 - Page 23
1 MR. JUSTICE BELL: I understand that.
2
3 MS. STEEL: It is also, I do not think, stated in the leaflet
4 that they are falsely claiming that their food is
5 nutritious, useful and nutritious. (sic)
6
7 MR. JUSTICE BELL: I had not read or reread the statement of
8 accounts case -- I have forgotten its name now -- when
9 I put "falsely", but I think -----
10
11 MR. RAMPTON: It is English and Scottish Co-operative Property
12 Mortgage and Investment Society v. Odhams Press.
13
14 MR. JUSTICE BELL: It was said in that case that "false" might
15 normally mean just inaccurate, but in that case it was held
16 that it was capable, anyway, of meaning fraudulent.
17 I think when I put it in there I meant -----
18
19 MS. STEEL: Just that it was inaccurate?
20
21 MR. JUSTICE BELL: Yes.
22
23 MS. STEEL: Right. I do not know whether you wanted me to
24 suggest how I thought that that could be modified to
25 be -----
26
27 MR. JUSTICE BELL: No. I mean, you do not have to follow the
28 course Mr. Rampton took of doing a sort of amendment to it,
29 because I understand the meaning you back for is
30 fundamentally different, and you have expressed it in your
31 own words and you have made, just now, criticisms of that
32 draft (for want of a better word). If there are any
33 others, then please make them.
34
35 MS. STEEL: If I just say, I mean, my main concern is -----
36
37 MR. JUSTICE BELL: It is common ground that there is -- you said
38 that it did not allege fraud against McDonald's, but is
39 there any dispute that it alleges deception, in the sense
40 that they are putting forward their food as -- shall I just
41 call it -- good news, when in fact they really must know,
42 because it is accepted medical fact, that there is this
43 down side to a diet which is high in fat, and so on, and
44 that their food might contribute to such a diet; so in that
45 sense it cannot be said to be healthy, whereas they are
46 pretending that it is?
47
48 I mean, one of your points will be that the word
49 "nutritious" indicates -- I am not looking at it now to
50 see what the end result might be -- but one of your
51 arguments on the merits will be that "nutritious" means
52 more than just having some food value, because everything
53 has some nutritional value, if you look at it in that
54 sense; but when they use the word "nutritious" they mean it
55 will do you some positive good. Is that not one of your
56 arguments?
57
58 MS. STEEL: I do not know -- I do not know about how they
59 actually intend the words to mean -- sorry.
60
