Day 177 - 26 Oct 95 - Page 37


     
     1             a sensational article with cautious and critical
     2             analytical care."
     3
     4        Then, finally, in the case of Morgan v. Odhams Press
     5        Limited, page 1269, in the speech of Lord Pearson, at the
     6        bottom of the page, letter H:
     7
     8             "As to the first ground, I do not think the
     9             reasonable man - who can also be described as an
    10             ordinary sensible man - should be envisaged as
    11             reading this article carefully.  Regard should
    12             be had to the character of the article:  it is
    13             vague, sensational and allusive:  it is
    14             evidently designed for entertainment rather than
    15             instruction or accurate information.  The
    16             ordinary, sensible man, if he read the article
    17             at all, would be likely to skim through it
    18             casually and not give it concentrated attention
    19             or a second reading."
    20
    21        That is where he differs from Lord Reid.
    22
    23             "It is no part of his work to read this article,
    24             nor does he have to base any practical decision
    25             on what he reads there.  The relevant
    26             impression" -- that word again -- "is what" --
    27             "that" I think it must be meant to mean -- "is
    28             that which would be conveyed to an ordinary
    29             sensible man (in this case having knowledge of
    30             the relevant circumstances) reading the article
    31             casually and not expecting a high degree of
    32             accuracy."
    33
    34   MR. JUSTICE BELL: Is there any difference in principle between
    35        Lord Pearson and Lord Reid?
    36
    37   MR. RAMPTON:  No.
    38
    39   MR. JUSTICE BELL:  It is just that Lord Reid thought that the
    40        ordinary reader might read this article a second time and,
    41        looking at this article, Lord Pearson thought that he would
    42        not.
    43
    44   MR. RAMPTON:  No.  Lord Reid did add the words "before acting on
    45        it".
    46
    47   MR. JUSTICE BELL: Yes.
    48
    49   MR. RAMPTON:  No doubt, if one was going to take an important
    50        decision in one's life based on something one had read, one 
    51        might read it twice before deciding what action to take. 
    52 
    53        Then I pass from there right to the back of the bundle,
    54        because it is on the same general topic: what is the
    55        correct approach to the meaning of ordinary words?
    56
    57   MR. MORRIS:  Hang on a second.  I am just writing something
    58        down.
    59
    60   MR. JUSTICE BELL:  Yes.

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