Day 296 - 07 Nov 96 - Page 06
1 out there may be other defamatory meanings that are not
2 included. I mean, I don't think we accept that the meaning
3 is defamatory anyway, but -----
4
5 MR. JUSTICE BELL: I have ruled on that as well.
6
7 MR. MORRIS: Oh, you have ruled on that? Right. Well, all
8 right.
9
10 MR. JUSTICE BELL: I mean, so far as nutrition is concerned,
11 and I am anxious to keep pointing out put food poisoning on
12 one side for the moment, because when we start off
13 McDonald's food is very unhealthy, I do not know, someone
14 may argue, "well, we can justify that bit by reference to
15 food poisoning as well as to degenerative diseases".
16
17 MS. STEEL: And to perhaps, say, constipation or something like
18 that.
19
20 MR. MORRIS: The point is, the only diseases mentioned in your
21 meaning are cancer of the breast and bowel or heart
22 disease, whereas the leaflet refers to a number of
23 diseases, all of which we believe we have completely
24 proved, and therefore we are entitled to rely on them.
25
26 MR. JUSTICE BELL: Do not worry about the technicalities of
27 that. If you want to address me on those other diseases,
28 then do so, and I have to sort it out in my own mind at the
29 end of the day as to whether I can take account of them or
30 not.
31
32 What you should grapple with is that, as I feel at the
33 moment, so far as nutrition is concerned, again putting
34 food poisoning on one side, the meaning as I defined it is
35 the exclusive meaning in relation to nutrition and it is
36 defamatory. So that is what you have to bat.
37
38 At some stage in your submissions you have got to tell me
39 if you think any of the meaning as I have defined it is
40 comment. I will help you by saying at the moment it looks
41 to me as if it is all statements of fact, but I have not
42 heard what you say about that and you may have something
43 which will make me change my mind about it. Say what you
44 will about whether any of it is comment.
45
46 But what you have got to meet is this: how can we justify
47 that meaning, justify in the broad sense of the word, by
48 showing that in so far as it is a statement of fact it is
49 true, and in so far as it is comment, if you say any of it
50 is comment, it is fair.
51
52 MR. MORRIS: Yes. I just wanted to say, before your meaning
53 got completely ring fenced as being the complete and utter
54 case, that the point is that we are obviously going to be
55 relying on the evidence justifying the other diseases
56 mentioned and concerns mentioned in that section that do
57 not appear in the meaning. And so, if your meaning is
58 defamatory, then we would say that the other diseases,
59 McDonald's relationship with the other diseases and diet,
60 would also be defamatory and therefore we are entitled to
