Day 186 - 10 Nov 95 - Page 33


     
     1        what another judge may have made of it.  Drake J. had not
     2        heard all this argument, had he?
     3
     4   MR. MORRIS:  No.  I just wanted to point that out.
     5
     6   MR. JUSTICE BELL:  Yes.  Shall we break off there?  Two o'clock.
     7
     8   MS. STEEL:  I can maybe sort out the rest of this.
     9
    10                         (Luncheon Adjournment)
    11
    12   MR. JUSTICE BELL:  Yes.
    13
    14   MS. STEEL:  I have just got a note somewhere, which -- I do not
    15        really know whether this would be the best place to bring
    16        this up -- just to mention about the Skuse case.  I had
    17        this after Drake J., actually, but it does not just relate
    18        to Drake J.  It is just that I think it should be borne in
    19        mind that when you came to read the leaflet and when other
    20        judges have come to read the leaflet, it was as part of the
    21        Statement of Claim, and you knew there was a writ and you
    22        read McDonald's complaints about the leaflet; and,
    23        obviously, they put the complaints as high as they could;
    24        so you might be looking to see where they came from; and,
    25        therefore, you would not be necessarily looking at the
    26        leaflet in the same way as a member of the public who is
    27        just reading it to find out what it is about, rather than
    28        in what way it is defamatory or whether or not it is
    29        defamatory.  (Pause)  I am actually just going through the
    30        notes that I had, and I think -----
    31
    32   MR. JUSTICE BELL:  Just sit down and -----
    33
    34   MS. STEEL:  I think I have probably covered some of them,
    35        anyway.
    36
    37   MR. JUSTICE BELL:  Just sit down and think about where you are
    38        going next. (Pause)
    39
    40   MS. STEEL:   When he was commenting on your proposed meaning,
    41        Mr. Rampton said something about that they would rather see
    42        the word "diet" removed.  I just wanted to comment that it
    43        was in their original pleadings and, therefore, I believe
    44        quite obviously they recognised that diet was the issue
    45        when they first read the leaflet or when they first set
    46        down the meanings that they alleged were defamatory.  Then
    47        Mr. Rampton went on to say something to the effect that
    48        they did not believe that the ordinary average reader would
    49        actually try and work out the pathways by which the food
    50        might cause ill health. 
    51 
    52        I just want to say about that -- I mean, have covered this 
    53        this morning -- that it is my belief that this is pretty
    54        insulting to the average person on the street, the ordinary
    55        reader, the reasonable reader, because they do not have to
    56        sit down and work out the pathways; they are well aware of
    57        them, having heard nutrition advice messages in newspapers
    58        on television and from other sources.  I think people do
    59        have a concept of what is healthy and unhealthy food.
    60        I mean, that has been demonstrated by the Plaintiffs' own

Prev Next Index