Day 186 - 10 Nov 95 - Page 23


     
     1   MR. JUSTICE BELL:  I understand that.
     2
     3   MS. STEEL:   It is also, I do not think, stated in the leaflet
     4        that they are falsely claiming that their food is
     5        nutritious, useful and nutritious. (sic)
     6
     7   MR. JUSTICE BELL:  I had not read or reread the statement of
     8        accounts case -- I have forgotten its name now -- when
     9        I put "falsely", but I think -----
    10
    11   MR. RAMPTON:  It is English and Scottish Co-operative Property
    12        Mortgage and Investment Society v. Odhams Press.
    13
    14   MR. JUSTICE BELL:  It was said in that case that "false" might
    15        normally mean just inaccurate, but in that case it was held
    16        that it was capable, anyway, of meaning fraudulent.
    17        I think when I put it in there I meant -----
    18
    19   MS. STEEL:   Just that it was inaccurate?
    20
    21   MR. JUSTICE BELL:  Yes.
    22
    23   MS. STEEL:   Right.  I do not know whether you wanted me to
    24        suggest how I thought that that could be modified to
    25        be -----
    26
    27   MR. JUSTICE BELL:  No.  I mean, you do not have to follow the
    28        course Mr. Rampton took of doing a sort of amendment to it,
    29        because I understand the meaning you back for is
    30        fundamentally different, and you have expressed it in your
    31        own words and you have made, just now, criticisms of that
    32        draft (for want of a better word).  If there are any
    33        others, then please make them.
    34
    35   MS. STEEL:   If I just say, I mean, my main concern is -----
    36
    37   MR. JUSTICE BELL:  It is common ground that there is -- you said
    38        that it did not allege fraud against McDonald's, but is
    39        there any dispute that it alleges deception, in the sense
    40        that they are putting forward their food as -- shall I just
    41        call it -- good news, when in fact they really must know,
    42        because it is accepted medical fact, that there is this
    43        down side to a diet which is high in fat, and so on, and
    44        that their food might contribute to such a diet; so in that
    45        sense it cannot be said to be healthy, whereas they are
    46        pretending that it is?
    47
    48        I mean, one of your points will be that the word
    49        "nutritious" indicates -- I am not looking at it now to
    50        see what the end result might be -- but one of your 
    51        arguments on the merits will be that "nutritious" means 
    52        more than just having some food value, because everything 
    53        has some nutritional value, if you look at it in that
    54        sense; but when they use the word "nutritious" they mean it
    55        will do you some positive good.  Is that not one of your
    56        arguments?
    57
    58   MS. STEEL:  I do not know -- I do not know about how they
    59        actually intend the words to mean -- sorry.
    60

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