Day 032 - 06 Oct 94 - Page 81
1 the words complained of, so too must a defendant specify
2 what is the defamatory charge which he seeks to justify.
3 It follows from that that it is not open to Mr. Morris and
4 Ms. Steel, as they no doubt would like, to go on using the
5 word "link" as though it covered a multitude of sins, any
6 one of which they can pick out at the end of the case
7 according to how they think the evidence has gone. They
8 must very shortly -- and we would suggest at the end of
9 the evidence on nutrition -- decide what their case is,
10 what is meant by the word "link", that they say is true.
11
12 That, my Lord, as I understand it, is the true statement
13 of the law. They should be forewarned that that will be
14 my submission so they can get legal advice about it.
15
16 MR. JUSTICE BELL: Before you present your argument, and do not
17 go any more about it now -- I have used the phrase before
18 -- keep your powder dry for the actual argument. When
19 you do come to argue it, if you say that "linked" in the
20 leaflet means something other than "caused", I would like
21 you to tell me what your definition of "linked" is,
22 because that may be very relevant to the argument as to
23 whether there has been any change of ground by McDonald's
24 and what you are seeking to justify. That is not why I
25 raised the topic now.
26
27 What I do not want you to do is, if this amendment were
28 allowed in two weeks time or whatever is said, "Oh, well,
29 if we had appreciated the amendment was going to be
30 allowed we would have asked Dr. Barnard this, but we did
31 not". Do you understand? Which is why I started this
32 intervention by saying that when you call Dr. Barnard you
33 should, in your own interest, act as if the pleading has
34 both F in its crossed out form at the top of page 13 of
35 the draft amendment, and has F in its suggested new form;
36 both of them.
37
38 MR. MORRIS: Yes.
39
40 MR. JUSTICE BELL: We will resume with Dr. Barnard on Monday
41 morning.
42
43 (The court adjourned until Monday 10th October 1994)
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