Day 177 - 26 Oct 95 - Page 38
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2 MR. RAMPTON: Gillick.
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4 MR. MORRIS: Where are we now?
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6 MR. RAMPTON: Tab 14.
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8 MR. JUSTICE BELL: Gillick is 14, is it?
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10 MR. RAMPTON: Yes, my Lord, it is.
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12 MR. MORRIS: I have not got a 14.
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14 MR. JUSTICE BELL: I hope you received from me Gillick.
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16 MR. RAMPTON: There it is.
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18 MR. MORRIS: Is that your copy?
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20 MR. JUSTICE BELL: Mr. Rampton is saying Gillick should now be
21 14. It does not matter where you put it. If you write
22 "14" on the top, we will know where we are.
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24 MR. RAMPTON: Put it at the end of the bundle.
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26 MR. JUSTICE BELL: Yes.
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28 MR. RAMPTON: I see where your Lordship found the word
29 "culpable". I should not necessarily be thought to accept
30 that the word "morally" is necessary for a defamatory
31 meaning at all, so far as a trader is concerned, though
32 your Lordship may think that many of the allegations which
33 are made by this leaflet do in fact inculpate McDonald's in
34 a moral sense as well as a commercial sense.
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36 My Lord, I was not going to read this judgment given by
37 Neill L.J., because to a large extent it simply reflects
38 what is said in Skuse, which one has looked at already.
39 I do draw particular attention in the middle column to the
40 numbered paragraphs 2, 3, 4, 5 and 6. I would add that
41 I believe from 5 are missing the words at the end of the
42 sentence "to the impression made", the word should be added
43 "on the court"; otherwise, it does not make much sense.
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45 MR. JUSTICE BELL: Well, I have in fact obtained from
46 Neill L.J.'s clerk the judgments handed down. I have not
47 seen any point in copying them, although I am quite content
48 tht copies should be made. I am sure Neill L.J. would not
49 mind. But what 5 reads in his judgment as handed down is:
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51 "In deciding what impression the material
52 complained of would have been likely to have on
53 the hypothetical reasonable viewer, the court
54 are entitled, if not bound, to have regard to
55 the impression it made on them."
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57 MR. RAMPTON: Yes. That is what I thought it must have done.
58 I have not seen the judgment, but it does not make sense
59 unless one adds those words.
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