Day 083 - 06 Feb 95 - Page 10


     
     1   MR. MORRIS:  Just to come back on Mr. Rampton's main point, it
     2        seems to be a major point, about recklessness.  We think
     3        that "recklessness" is part of the issue but not the only
     4        issue in terms of our Defence of the words in the leaflet.
     5        But it is true that if something is not defamatory unless
     6        it alleges recklessness, then it would mean that the whole
     7        food poisoning section would fall for McDonald's because
     8        there is no statement in the "What's your poison?" box
     9        about recklessness.
    10
    11   MR. JUSTICE BELL:  That is a point you can pursue in the future,
    12        if you wish, in relation to that.
    13
    14   MR. MORRIS:  Yes.  That is all I want to say.
    15
    16   MR. JUSTICE BELL:  Yes.  Just pause a moment.  Let us go back to
    17        your list then, if that is what you want to go through.
    18
    19   MR. RAMPTON:  My Lord, again I am trying to be helpful, if item
    20        1 is to remain where it is, discovery, that is to say, your
    21        Lordship may think it advantageous and it is entirely a
    22        matter for your Lordship to have the argument of principle
    23        about what the word "power" means in relation to order 24
    24        before any application for discovery is made, at any rate,
    25        in some of these categories.
    26
    27   MR. JUSTICE BELL:  I think it would be worthwhile seeing what
    28        "power" can mean in relation to -- I do not mind who goes
    29        first on that.  But I think we have to get to grips with
    30        what "power" means in the context of a supplier whom I
    31        cannot order the Plaintiffs to ask for documents, if
    32        I understand the position correctly -- no doubt you will
    33        help me on that -- but where if they did ask they might
    34        well be given, as it were.
    35
    36   MR. RAMPTON:  My Lord, I have now what I hope is a tolerably
    37        clear view about what the word means in the rule and the
    38        circumstances in which it may or may not apply.
    39
    40   MS. STEEL:   I am not going to make an objection at this point,
    41        but I would just like to say that I did not get these
    42        authorities until 10.30 last night and I have not had a
    43        chance to read them.
    44
    45   MR. JUSTICE BELL:  In fact, I did not get them until this
    46        morning and I have not looked at them yet.  But would it
    47        not be helpful for Mr. Rampton to say what he says the law
    48        is and give some reference to why he says that is the
    49        position?
    50 
    51   MR. MORRIS:  Yes.  I have no objection to that. 
    52 
    53   MR. JUSTICE BELL:  Because then we can see, let us suppose he
    54        were right, what it would mean in relation to any area of
    55        potential further discovery, and you could decide whether
    56        you want to argue that he is wrong about that.  If you need
    57        a little more time to consider it, ask me and I will decide
    58        on that.
    59
    60   MS. STEEL:  Yes.

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