Day 177 - 26 Oct 95 - Page 57
1 made up by some cranky environmentalists or anarchists. It
2 is an accepted medical fact.
3
4 Then, finally, since I cannot improve a submission about
5 immediate impression by repeating it, may I come finally,
6 my Lord, to the meaning that your Lordship -- I am not
7 suggesting it is anything like a final thought at all;
8 I know it is not -- but the meaning which your Lordship
9 proposed not long ago. What we have done is to take it out
10 of the -- we took it actually off the screen here and had
11 it typed up. What I would like to do is hand out, first of
12 all -- there is one typographical error which I have
13 corrected -- copies of the actual form without any kind of
14 alteration. (Handed). I would like to say a few words
15 about that and will ask for your Lordship's forgiveness in
16 advance if I say that, for one reason or another, it does
17 not make me very happy.
18
19 The first reason, which is a general reason, the first
20 reason I say that is that it does not, to our mind,
21 sufficiently reflect the immediacy, the impact, of this
22 part of the leaflet in its proper context. It is, if I may
23 say so respectfully, somewhat over analytical. It does not
24 convey the message which we see in the leaflet, which is
25 "Danger: Keep away". The second problem that I have
26 identified (if I may call it that) is the use of the
27 subjunctive in the first line: "McDonald's food is
28 unhealthy because eating it may well make your diet high in
29 fat" and so on and so forth. I do not, as I have said,
30 myself -- I cannot find anything of that subjunctive
31 flavour or mood in the leaflet.
32
33 If diet is to be introduced into the meaning, and I will
34 say in a moment (if I may) why I do not think it could be,
35 but if it is, then surely it must be in the context of this
36 leaflet an assertion of fact, not a suggestion of a
37 possibility that the meaning should be expressed. At the
38 very least it should say, we would submit, "McDonald's food
39 is unhealthy because eating it is likely to" or else
40 "likely to make" or else "makes".
41
42 MR. MORRIS: Can we have time to write a couple of things down?
43 We have actually missed out a huge chunk of the last half
44 an hour and it is very difficult to keep up.
45
46 MR. JUSTICE BELL: Let Mr. Rampton finish now. He is very near
47 the end.
48
49 MR. RAMPTON: I have only about ----
50
51 MR. JUSTICE BELL: Then we will see where we have got to.
52
53 MR. RAMPTON: So, my Lord, I would invite your Lordship if even
54 -- if diet is to stay in, and (as I have said) my last
55 words would be to submit that your Lordship's meaning
56 should not have diet in it at all and I will explain why --
57 if it is to stay in as part of this meaning, then we do
58 respectfully suggest that one can only reflect the
59 immediacy of a positive nature of the leaflet and this
60 passage by changing the mood of those words at the end, so
