Day 186 - 10 Nov 95 - Page 44


     
     1
     2   MS. STEEL:   Would it be possible to have until five past,
     3        please?
     4
     5   MR. JUSTICE BELL:  Yes.
     6
     7   MS. STEEL:   Thank you.
     8
     9                         (Short Adjournment)
    10
    11   MR. MORRIS:  I am just going to go through the authorities.
    12
    13   MR. JUSTICE BELL:  Only refer to them in so far as you differ
    14        from ---
    15
    16   MR. MORRIS:  Yes -- very briefly.
    17
    18   MR. JUSTICE BELL:  -- Mr. Rampton.
    19
    20   MR. MORRIS:  I just want to point out a couple of sentences in
    21        each one, really.  The first one is the Gillick case, which
    22        I think Mr. Rampton said on his sheet of paper, or it was
    23        your piece of paper, was number 14.
    24
    25   MR. JUSTICE BELL:  Yes.
    26
    27   MR. MORRIS:  Just in the central column, point 2:
    28
    29             "The reasonable reader should be someone who did
    30             not and should not select one bad meaning where
    31             other non-defamatory meanings were available."
    32
    33        I just wanted to emphasise that particular point.  The next
    34        one I would like to mention is page 72 of Gatley.
    35
    36   MR. JUSTICE BELL:  Do you mean paragraph?
    37
    38   MR. MORRIS:  Actually, it is page 72, paragraph 72.
    39
    40   MR. JUSTICE BELL:  No.  I think the big numbers at the top of
    41        the page are paragraph numbers, and the page numbers are at
    42        the bottom.
    43
    44   MR. MORRIS:  I see.  I did not realise.
    45
    46   MR. JUSTICE BELL:  It does not matter.
    47
    48   MR. MORRIS:  Paragraph 72 then, yes.  I am in your hands
    49        generally with the interpretation of all the authorities,
    50        obviously, because you are much more experienced than we 
    51        are.  But I just want to point out that the bottom line 
    52        there, X Y Z: 
    53
    54             "....was held not to be a libel on the plaintiff
    55             either generally or in the way of his trade, but
    56             only a reflection on the goods sold by him which
    57             was not actionable without proof of (malice and
    58             of) special damage."
    59
    60        I just wanted to point that out.  (Pause)

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