Day 186 - 10 Nov 95 - Page 25
1 misleading, if that was the claim made in relation to a
2 large company, I would have thought that must be
3 defamatory.
4
5 MR. MORRIS: But the question is whether it is defamatory of
6 their products -----
7
8 MR. JUSTICE BELL: No. It is -----
9
10 MR. MORRIS: It may be defamatory of their nutrition guide.
11
12 MR. JUSTICE BELL: It is said it is disparaging of their
13 products, but it is also defamatory of them in the
14 operation of their business, because it is saying: "You are
15 not only selling duff stuff; you know it is duff or you
16 ought to know it is duff, but you are saying it is
17 brilliant." Is that not the ordinary terminology?
18
19 MR. MORRIS: The thing is, if it is defamatory, it will be
20 defamatory of their nutrition guide for not giving the
21 whole story, in which case the -----
22
23 MR. JUSTICE BELL: It is both. It does not have to be one or
24 the other.
25
26 MR. MORRIS: Well -----
27
28 MR. JUSTICE BELL: If you say this nutrition guide is misleading
29 because it says that the product is good and they know or
30 ought to know that it is bad, yes, that is disparaging of
31 the nutrition guide, but is it not also defamatory of the
32 company which puts it out?
33
34 MR. MORRIS: Yes, it can be defamatory of the company that puts
35 it out, but it will be defamatory in that we are
36 criticising their lack of telling the whole truth in their
37 nutrition guide.
38
39 MR. JUSTICE BELL: Yes.
40
41 MR. MORRIS: But then the question becomes: well, are they
42 telling the whole truth or are they not telling the whole
43 truth; are they making clear in their nutrition guide,
44 specifically, that a diet high in these products is linked
45 to disease?
46
47 MR. JUSTICE BELL: That is a matter when we go back to the
48 merits. But, on meaning, it is something which I put on
49 one side, you know.
50
51 MR. MORRIS: I think the Plaintiffs have to satisfy you that the
52 meaning is defamatory and -----
53
54 MR. JUSTICE BELL: You go on with your argument. This all
55 started with Ms. Steel asking me does she have to go
56 through what I have called my draft line by line, as it
57 were, suggesting where it should be altered, to which the
58 answer is "no". You have taken a couple of points on it,
59 and I understand the basis of the criticism you make, and I
60 have the meaning of the leaflet, as you would argue it to
