Day 309 - 03 Dec 96 - Page 35


     
     1   MR. JUSTICE BELL:  I have not got anywhere near justification
     2        yet.  I am just dealing with meaning.  I think you must sit
     3        down.
     4
     5   MR. MORRIS:  But I think that meanings are being artificially
     6        constructed to try to create -----
     7
     8   MR. JUSTICE BELL:  I am sorry, I am not going to let you argue
     9        in the middle of Mr. Rampton's submissions.
    10
    11   MR. RAMPTON:  Mr. Morris has just suggested a different leaflet
    12        for another occasion -- that is all I would say about that
    13        intervention -- not this one.
    14
    15   MR. JUSTICE BELL:  If you were right, that there are two parts
    16        to it, exploitation of children by seductive means and
    17        exposing them to risk as a result, can one justify one but
    18        not the other?
    19
    20   MR. RAMPTON:  Yes -- because, in context, the two stings are
    21        both defamatory.  Obviously, the seductive advertising is;
    22        but so, too, is the exposure to risk, because, as it is in
    23        relation to food poisoning and selling very unhealthy food,
    24        it must be taken that any ordinary reader would take it
    25        that McDonald's knows it.  That is what the pleading says.
    26
    27   MR. JUSTICE BELL:  So, one could end up with this situation,
    28        that judge or jury could say, "Well, I think the allegation
    29        that McDonald's take advantage of the susceptibility of
    30        children in order to sell their food via pressure on their
    31        parents is justified, but I do not think doing that in
    32        order to harm their health is."
    33
    34   MR. RAMPTON:  Or knowing that there is a risk to their health.
    35
    36   MR. JUSTICE BELL:  Or knowing that there is a risk to their
    37        health.
    38
    39   MR. RAMPTON:  They could say, "Well, I do not like the
    40        advertising.  I think it is wrong, and I think it is
    41        morally objectionable, for a number of reasons. But, in
    42        fact, all that happens is that the parents buy the food for
    43        the children, and there is no long term consequence to
    44        their health."  But that would still be a successful
    45        justification of the -----
    46
    47   MR. JUSTICE BELL:  Of part of the defamatory thrust of the
    48        leaflet, if that is what I thought it was.
    49
    50   MR. RAMPTON:  Yes.  It is a distinct complaint in the Statement 
    51        of Claim.  It is meaning (J).  The two are split up to some 
    52        extent, (J) and (K). 
    53
    54   MR. JUSTICE BELL:   Yes.  I think we will break off there and
    55        resume at two o'clock.
    56
    57
    58
    59                      (Luncheon Adjournment)
    60

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