Day 177 - 26 Oct 95 - Page 37
1 a sensational article with cautious and critical
2 analytical care."
3
4 Then, finally, in the case of Morgan v. Odhams Press
5 Limited, page 1269, in the speech of Lord Pearson, at the
6 bottom of the page, letter H:
7
8 "As to the first ground, I do not think the
9 reasonable man - who can also be described as an
10 ordinary sensible man - should be envisaged as
11 reading this article carefully. Regard should
12 be had to the character of the article: it is
13 vague, sensational and allusive: it is
14 evidently designed for entertainment rather than
15 instruction or accurate information. The
16 ordinary, sensible man, if he read the article
17 at all, would be likely to skim through it
18 casually and not give it concentrated attention
19 or a second reading."
20
21 That is where he differs from Lord Reid.
22
23 "It is no part of his work to read this article,
24 nor does he have to base any practical decision
25 on what he reads there. The relevant
26 impression" -- that word again -- "is what" --
27 "that" I think it must be meant to mean -- "is
28 that which would be conveyed to an ordinary
29 sensible man (in this case having knowledge of
30 the relevant circumstances) reading the article
31 casually and not expecting a high degree of
32 accuracy."
33
34 MR. JUSTICE BELL: Is there any difference in principle between
35 Lord Pearson and Lord Reid?
36
37 MR. RAMPTON: No.
38
39 MR. JUSTICE BELL: It is just that Lord Reid thought that the
40 ordinary reader might read this article a second time and,
41 looking at this article, Lord Pearson thought that he would
42 not.
43
44 MR. RAMPTON: No. Lord Reid did add the words "before acting on
45 it".
46
47 MR. JUSTICE BELL: Yes.
48
49 MR. RAMPTON: No doubt, if one was going to take an important
50 decision in one's life based on something one had read, one
51 might read it twice before deciding what action to take.
52
53 Then I pass from there right to the back of the bundle,
54 because it is on the same general topic: what is the
55 correct approach to the meaning of ordinary words?
56
57 MR. MORRIS: Hang on a second. I am just writing something
58 down.
59
60 MR. JUSTICE BELL: Yes.
