Day 146 - 03 Jul 95 - Page 24


     
     1        which is nearly four months ago.  Food safety has long gone
     2        from this case.  This is hearsay upon hearsay.  It is
     3        incomplete.  I cannot and will not deal with it unless your
     4        Lordship asks me to.
     5
     6   MR. JUSTICE BELL:  You say it is just not an admissible ---
     7
     8   MR. RAMPTON:  It is not admissible anyway.
     9
    10   MR. JUSTICE BELL:  -- document.  If that is right ----
    11
    12   MR. RAMPTON:  It is like so much of Mr. Morris' material; this
    13        is an account of an account of something which, at some
    14        time, a newspaper reporter might or might not have learned.
    15
    16   MR. MORRIS:  Yes.  Can I -- no, I will not respond.
    17
    18   MR. JUSTICE BELL:  Leave it for the moment.
    19
    20   MR. RAMPTON:  There is nobody left on the Plaintiffs' side --
    21        and I am certainly not going to call anybody to deal with
    22        it -- who can be cross-examined about it.
    23
    24   MR. MORRIS:  We will not have to if we plead it and if it turns
    25        out to be true.
    26
    27   MR. RAMPTON:  So, my Lord, for present purposes, whether it was
    28        an amended pleading put forward and after argument allowed,
    29        because I would oppose that too at this stage of the case,
    30        is in the future.  All I say about this document is that
    31        everybody should forget about it for the time being.  It is
    32        inadmissible and it is too late.
    33
    34        My Lord, then a question raised by Mr. Morris the other day
    35        which I promised I would come back to.  Since we are in
    36        chambers, and since I have been relatively quick today,
    37        I thought I would mention it.  Does your Lordship recall
    38        that Mr. Morris cross-examined Mr. Stein on a peculiar
    39        passage from some inadmissible document?
    40
    41   MR. JUSTICE BELL:  The McDoctor's thing.
    42
    43   MR. RAMPTON:  McDonaldisation of society about McSo-and-So;
    44        McThis, McThat; McDentists, McDoctors, McBarristers and
    45        McJudges, no doubt.  He was not willing to reveal what the
    46        purpose of his cross-examination was and did not press it
    47        very far when I objected.  But if, as I believe, Mr. Morris
    48        is under any impression that that might be useful material
    49        when it comes to interpretation of the leaflet complained
    50        of in this case, that is a false view of the law and we 
    51        ought not to waste any more time on McThis and McThat. 
    52 
    53        The reason I say that -- I know it is well known to your
    54        Lordship -- is because it has been the law of this country
    55        for certainly a lot longer than I have been in practice,
    56        for certainly over 100 years or more, that where the
    57        meaning of the words complained of is alleged to be a
    58        natural and ordinary meaning and not a true or legal
    59        innuendo, neither side is permitted to adduce evidence to
    60        explain the meaning of the libel.

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