Day 057 - 29 Nov 94 - Page 15
1 that if "link" needs to be clarified, then why does not
2 "cause"? Mr. Rampton said -----
3
4 MR. JUSTICE BELL: At the moment -- I say this in Mr. Rampton's
5 presence -- I am not minded to put you to any further
6 definition of the words "link", "association" or "relation
7 to". You have said in argument that they are taken to
8 consider all the possible scenarios which have arisen in
9 this case. For myself, I have to say, Mr. Rampton, I am
10 content with that.
11
12 MR. RAMPTON: That is entirely a matter for your Lordship.
13 I think I know what the Defendants' case is. I am not
14 interested in the part of their case, for obvious reasons,
15 which merely asserts a link or asserts a mere link, because
16 I do not believe that to be anything which is defamatory to
17 McDonald's. So far as it extends further than that,
18 I understand what it is and if your Lordship understands it
19 too, then I need not press that any further.
20
21 What the Defendants are doing at the moment is to confuse
22 my submission on that question with the question of a
23 pleaded meaning for words complained of.
24
25 MS. STEEL: I do not understand what Mr. Rampton is saying
26 because -----
27
28 MR. JUSTICE BELL: You must let him finish. We cannot have
29 people standing up in other people's submissions and
30 interrupting them to say: "I do not understand what he is
31 saying". You must follow the normal practice so far as
32 that is concerned.
33
34 MR. RAMPTON: My Lord, if there is anything that Ms. Steel would
35 like me to clarify, I will willingly do it. I hope that
36 what I have said is tolerably clear. The reason why there
37 is no refinement of the word "cause" in the proposed
38 amendment is that the ordinary reader does not add those
39 sorts of refinements when he reads a document of this
40 kind. He says to himself, in answer to the question:
41 "What's so unhealthy about McDonald's food?" The
42 rhetorical question asked in the pamphlet. When he has
43 looked at the pamphlet, he says to himself: "Oh, I know
44 what they are telling me; they are saying it is unhealthy,
45 that is, the food because it gives you cancer and heart
46 disease; it causes cancer and heart disease in those who
47 eat it".
48
49 As your Lordship has already observed in the earlier part
50 of the argument, there is no difference between the word
51 "food" and the word "meals" simply because McDonald's food
52 is generally available to the public only in the form of
53 meals; "meals" to comprehend "snacks", if it pleases the
54 Defendants to know that.
55
56 My Lord, may I pass briefly on to 4L?
57
58 MR. JUSTICE BELL: Could I just ask you one matter about F? If
59 your original pleading was read as if the word ---
60
