Day 057 - 29 Nov 94 - Page 10
1 a matter of opinion, thereby defeating that paragraph in
2 the Statement of Claim.
3
4 In fact, in Mr. Morris' opening speech on page 39 of the
5 opening speech -----
6
7 MR. JUSTICE BELL: Do you want me to look at that?
8
9 MS. STEEL: Just to say that Mr. Morris actually said: "If they
10 are now saying that it is a matter of genuine opinion, then
11 they should withdraw that from the case because it is
12 oppressive and an abusive procedure to prosecute if they do
13 not genuinely think it is defamatory".
14
15 Just a final point on that really is that the proposed
16 amendments are considerably wider than what is presently
17 pleaded in the Statement of Claim. Obviously, the general
18 legal points we have made about late amendments, many of
19 them would also apply to this section on animals as well.
20 I think that is all we have to say.
21
22 MR. JUSTICE BELL: Yes, thank you.
23
24 MR. RAMPTON: My Lord, perhaps I can -----
25
26 MR. JUSTICE BELL: Did Mr. Morris want to say something?
27
28 MR. RAMPTON: I am so sorry.
29
30 MR. MORRIS: No, no further points to add.
31
32 MR. RAMPTON: I can perhaps take my submission in reply fairly
33 shortly. So far as the question that your Lordship has to
34 decide at this juncture, it is only this: Are the words
35 complained of reasonably capable of being understood by an
36 ordinary reader of this leaflet, in the sense which is set
37 out in the proposed amended Statement of Claim? If the
38 answer to that question be "yes they are", then leave
39 should be granted, subject only to the question of whether
40 the Defendants would suffer some irremedial injustice or
41 prejudice if leave were granted.
42
43 My Lord, I do not wish to rehearse the argument I have used
44 when I first made my submissions on this question. So far
45 as the question of whether the words are capable of bearing
46 these meanings, and particularly 4F, are concerned, I need
47 only invite your Lordship back perhaps to what Drake J.
48 said on 7th July 1993 at letters E to G on page 2. My
49 Lord, I will not read it out again; that being his own
50 view. Of course, it is not conclusive by any means, but it
51 might weigh something with your Lordship.
52
53 MR. JUSTICE BELL: It looks for what it is worth, if one takes
54 page 2 with the main and page 3, exposing themselves to a
55 risk of cancer, as if his, no doubt, provisional reaction
56 to the meaning was pretty close to the possible meaning
57 I expounded earlier today.
58
59 MR. RAMPTON: My Lord, I think, if I may say so, there is a
60 distinction to be drawn between, on the one hand, what
