Day 177 - 26 Oct 95 - Page 57


     
     1        made up by some cranky environmentalists or anarchists.  It
     2        is an accepted medical fact.
     3
     4        Then, finally, since I cannot improve a submission about
     5        immediate impression by repeating it, may I come finally,
     6        my Lord, to the meaning that your Lordship -- I am not
     7        suggesting it is anything like a final thought at all;
     8        I know it is not -- but the meaning which your Lordship
     9        proposed not long ago.  What we have done is to take it out
    10        of the -- we took it actually off the screen here and had
    11        it typed up.  What I would like to do is hand out, first of
    12        all -- there is one typographical error which I have
    13        corrected -- copies of the actual form without any kind of
    14        alteration.  (Handed).  I would like to say a few words
    15        about that and will ask for your Lordship's forgiveness in
    16        advance if I say that, for one reason or another, it does
    17        not make me very happy.
    18
    19        The first reason, which is a general reason, the first
    20        reason I say that is that it does not, to our mind,
    21        sufficiently reflect the immediacy, the impact, of this
    22        part of the leaflet in its proper context.  It is, if I may
    23        say so respectfully, somewhat over analytical.  It does not
    24        convey the message which we see in the leaflet, which is
    25        "Danger:  Keep away".  The second problem that I have
    26        identified (if I may call it that) is the use of the
    27        subjunctive in the first line:  "McDonald's food is
    28        unhealthy because eating it may well make your diet high in
    29        fat" and so on and so forth.  I do not, as I have said,
    30        myself -- I cannot find anything of that subjunctive
    31        flavour or mood in the leaflet.
    32
    33        If diet is to be introduced into the meaning, and I will
    34        say in a moment (if I may) why I do not think it could be,
    35        but if it is, then surely it must be in the context of this
    36        leaflet an assertion of fact, not a suggestion of a
    37        possibility that the meaning should be expressed.  At the
    38        very least it should say, we would submit, "McDonald's food
    39        is unhealthy because eating it is likely to" or else
    40        "likely to make" or else "makes".
    41
    42   MR. MORRIS:  Can we have time to write a couple of things down?
    43        We have actually missed out a huge chunk of the last half
    44        an hour and it is very difficult to keep up.
    45
    46   MR. JUSTICE BELL:  Let Mr. Rampton finish now.  He is very near
    47        the end.
    48
    49   MR. RAMPTON:  I have only about ----
    50 
    51   MR. JUSTICE BELL:  Then we will see where we have got to. 
    52 
    53   MR. RAMPTON:  So, my Lord, I would invite your Lordship if even
    54         -- if diet is to stay in, and (as I have said) my last
    55        words would be to submit that your Lordship's meaning
    56        should not have diet in it at all and I will explain why --
    57        if it is to stay in as part of this meaning, then we do
    58        respectfully suggest that one can only reflect the
    59        immediacy of a positive nature of the leaflet and this
    60        passage by changing the mood of those words at the end, so

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