Day 186 - 10 Nov 95 - Page 35
1 that the meaning is X but, in my view, that is defamatory,
2 and I so rule, you can then forget the pleadings because we
3 know that my decision is that the meaning is X and that my
4 decision is that it is defamatory; and that would be the
5 position unless and until there was a successful appeal
6 against my ruling.
7
8 MS. STEEL: Right.
9
10 MR. JUSTICE BELL: So, either way, you can forget the pleadings.
11
12 MS. STEEL: The only part I am not clear about is, supposing you
13 decided -- I think this is a bit unlikely, because
14 Mr. Rampton has got the highest meaning -- but supposing
15 you decided that Mr. Rampton's meaning was not defamatory;
16 I do not know, there is no need to look at any other
17 meaning, is there, because this cannot be -----
18
19 MR. JUSTICE BELL: No, absolutely. That is why I say, if
20 I found that the meaning was X and that was the meaning
21 which was pleaded on behalf of the Plaintiffs and contended
22 for by Mr. Rampton in his argument, he has got over the
23 first hurdle; but if I then decide that it is not
24 defamatory of the Plaintiffs, he has run straight into the
25 second one. Whether or not I find the leaflet is
26 defamatory and not justified or fair comment in some other
27 respect, we can all forget about nutrition.
28
29 MS. STEEL: Yes.
30
31 MR. JUSTICE BELL: So it is not a question of striking out;
32 I have decided that part of the case in your favour here
33 and now.
34
35 MS. STEEL: Is that not the same as striking out?
36
37 MR. JUSTICE BELL: No, not really, because striking out is a
38 word which is used in relation to a claim, which means you
39 get rid of it at some interlocutory stage or a part of a
40 pleading, which means you get rid of it at some
41 interlocutory stage; and that, in effect, I would be
42 getting rid of, but it is in relation to the pleading
43 itself, not in relation to the case in substance on that
44 point.
45
46 MS. STEEL: No. I understand that, that you have not got a
47 case unless there is a meaning, have you? When the
48 Plaintiffs made their strike out application in 1993, they
49 did apply to strike out the rainforest meaning, as
50 I recall.
51
52 MR. JUSTICE BELL: All it amounts is this, that any application
53 which might be made to strike out is subsumed in the much
54 greater application relating to deciding this preliminary
55 issue.
56
57 MS. STEEL: I do not mind too much, but I -----
58
59 MR. JUSTICE BELL: It does not leave you at any disadvantage.
60
