Day 083 - 06 Feb 95 - Page 10
1 MR. MORRIS: Just to come back on Mr. Rampton's main point, it
2 seems to be a major point, about recklessness. We think
3 that "recklessness" is part of the issue but not the only
4 issue in terms of our Defence of the words in the leaflet.
5 But it is true that if something is not defamatory unless
6 it alleges recklessness, then it would mean that the whole
7 food poisoning section would fall for McDonald's because
8 there is no statement in the "What's your poison?" box
9 about recklessness.
10
11 MR. JUSTICE BELL: That is a point you can pursue in the future,
12 if you wish, in relation to that.
13
14 MR. MORRIS: Yes. That is all I want to say.
15
16 MR. JUSTICE BELL: Yes. Just pause a moment. Let us go back to
17 your list then, if that is what you want to go through.
18
19 MR. RAMPTON: My Lord, again I am trying to be helpful, if item
20 1 is to remain where it is, discovery, that is to say, your
21 Lordship may think it advantageous and it is entirely a
22 matter for your Lordship to have the argument of principle
23 about what the word "power" means in relation to order 24
24 before any application for discovery is made, at any rate,
25 in some of these categories.
26
27 MR. JUSTICE BELL: I think it would be worthwhile seeing what
28 "power" can mean in relation to -- I do not mind who goes
29 first on that. But I think we have to get to grips with
30 what "power" means in the context of a supplier whom I
31 cannot order the Plaintiffs to ask for documents, if
32 I understand the position correctly -- no doubt you will
33 help me on that -- but where if they did ask they might
34 well be given, as it were.
35
36 MR. RAMPTON: My Lord, I have now what I hope is a tolerably
37 clear view about what the word means in the rule and the
38 circumstances in which it may or may not apply.
39
40 MS. STEEL: I am not going to make an objection at this point,
41 but I would just like to say that I did not get these
42 authorities until 10.30 last night and I have not had a
43 chance to read them.
44
45 MR. JUSTICE BELL: In fact, I did not get them until this
46 morning and I have not looked at them yet. But would it
47 not be helpful for Mr. Rampton to say what he says the law
48 is and give some reference to why he says that is the
49 position?
50
51 MR. MORRIS: Yes. I have no objection to that.
52
53 MR. JUSTICE BELL: Because then we can see, let us suppose he
54 were right, what it would mean in relation to any area of
55 potential further discovery, and you could decide whether
56 you want to argue that he is wrong about that. If you need
57 a little more time to consider it, ask me and I will decide
58 on that.
59
60 MS. STEEL: Yes.
