Day 177 - 26 Oct 95 - Page 28


     
     1        small one, proportionately, to the rest of the readership.
     2
     3        We would urge your Lordship really to take the man in the
     4        street in its literal sense, or the woman in the street, as
     5        the standard for this particular person, or the person who
     6        went to the anti-McDonald's fair, or whatever it was, and
     7        picked up one of these from a pile which was like that, so
     8        that they could see the handsome man on the front and they
     9        would look at it and they see how it opens out like that;
    10        no doubt the eyecatching headlines served their purpose.
    11        Then one must assume, as I have said, that they read it,
    12        the whole of it; and then I do not know what they do with
    13        it, perhaps put it back or put on the floor or in the bin;
    14        maybe they take it home with them.
    15
    16        One does not see such a person -- whether in the street or
    17        at the anti-McDonald's fair or having just got it at
    18        random, as it were, through the post without having asked
    19        for it -- sitting down and studying it carefully or
    20        bothering to read it more than once.
    21
    22        As I shall submit later on, it would not make any
    23        difference if they did.  But I am very anxious, if it can
    24        be avoided, not to become locked into a careful but
    25        linguistic analysis of what is in that.
    26
    27   MR. JUSTICE BELL:  Yes.  I understand your point on that.  It is
    28        not always easy, because the fact is that by the time you
    29        come to decide it you have read it several times yourself.
    30        I do not mind saying that it is not possible in my case to
    31        remember just what my reaction was to this part of the
    32        leaflet or that part of the leaflet when I first read it.
    33
    34   MR. RAMPTON:  To that end, my Lord -- and maybe this is a
    35        convenient moment to do it -- can I ask your Lordship to
    36        look that piece of the judgment of Drake J., not of course
    37        because anything that he said binds your Lordship, or
    38        anything like that, but simply because at the stage -----
    39
    40   MR. JUSTICE BELL: Just  pause a moment.  Quite frankly,
    41        Ms. Steel, if you try and get every word of this down, you
    42        are going to get hopelessly lost.  I think it is important
    43        that you understand just what Mr. Rampton is arguing.  You
    44        are not short of intelligence; I am sure you will.  In so
    45        far as you want to get anything down verbatim, I will break
    46        off at five to one, I will come back at ten past two, and
    47        ask Mr. Riley if he would be kind enough to open the court
    48        at five to two again; and I will ask, if no one any
    49        objection, that your Caseview is not turned off and reset
    50        for the afternoon in the meantime. 
    51 
    52   MS. STEEL:   Thank you. 
    53
    54   MR. RAMPTON:  I am sorry if I sometimes -----
    55
    56   MR. JUSTICE BELL:  No.  You are going at a steady pace.  I was
    57        worried that Ms. Steel might be distracted by trying to
    58        make too perfect a note.
    59
    60   MR. RAMPTON:  It is terribly important, if I may say so -- at

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