Day 145 - 29 Jun 95 - Page 58
1 there are a couple of other things -----
2
3 MR. MORRIS: Can I just say before we move off nutrition, if it
4 is not nutrition ---
5
6 MR. RAMPTON: No, it is nothing to do with nutrition.
7
8 MR. MORRIS: -- can I just say one thing? The advice that we
9 are getting -- there is no harm in letting the court know
10 -- about the nutrition issue is the matter if a party,
11 which in this case is the Plaintiffs or McDonald's, have
12 circulated virtually identical -----
13
14 MR. RAMPTON: My Lord, I do not think we should have this now.
15 This is part of Mr. Morris ------
16
17 MR. MORRIS: I am just saying it so that we can check the
18 authorities.
19
20 MR. RAMPTON: No, my Lord, I am sorry. No, my Lord. Mr. Morris
21 may persuade your Lordship otherwise. This is not proper.
22 These matters are to be argued, whether in chambers or not,
23 I do not know, on Monday and later of next week. It is not
24 right for Mr. Morris to start rehearsing a particular part
25 of his argument now in open court.
26
27 MS. STEEL: It is not rehearsing the argument.
28
29 MR. MORRIS: I am not rehearsing it. I am saying so that you
30 have advanced notice, as you asked for, because it is not
31 detailed on the list, that the thrust of the advice that we
32 are going for is if a Plaintiff has circulated identical,
33 or virtually identical, or materially identical,
34 information or views to what is complained of in the
35 leaflet, or a significant aspect of it, whether, therefore,
36 there is no case to answer or that part should be struck
37 out.
38
39 MR. RAMPTON: That is precisely why I said in code the other day
40 -- the Defendants never listen to what I say -- that the
41 Defendants should, if they are to take such advice, for the
42 sake of the time of the legal adviser, apart from anything
43 else, show him the amend Statement of Claim in this area
44 ---
45
46 MR. MORRIS: Yes, we are aware of that.
47
48 MR. RAMPTON: -- and the judgment which your Lordship gave.
49 Once that is done, it will be understood (which Mr. Morris
50 presently, apparently, does not understand) that the key to
51 this question is the meaning of the words.
52
53 MS. STEEL: It may be, Mr. Rampton, that not all legal advisers
54 would agree with you.
55
56 MR. JUSTICE BELL: Leave further argument there about it. Do we
57 sit in chambers or in open court?
58
59 MR. RAMPTON: My Lord, I much prefer to sit in chambers. There
60 is a whole range of interlocutory matters. First of all,
