Day 296 - 07 Nov 96 - Page 06


     
     1        out there may be other defamatory meanings that are not
     2        included.  I mean, I don't think we accept that the meaning
     3        is defamatory anyway, but -----
     4
     5   MR. JUSTICE BELL:  I have ruled on that as well.
     6
     7   MR. MORRIS:   Oh, you have ruled on that?  Right.  Well, all
     8        right.
     9
    10   MR. JUSTICE BELL:   I mean, so far as nutrition is concerned,
    11        and I am anxious to keep pointing out put food poisoning on
    12        one side for the moment, because when we start off
    13        McDonald's food is very unhealthy, I do not know, someone
    14        may argue, "well, we can justify that bit by reference to
    15        food poisoning as well as to degenerative diseases".
    16
    17   MS. STEEL:   And to perhaps, say, constipation or something like
    18        that.
    19
    20   MR. MORRIS:   The point is, the only diseases mentioned in your
    21        meaning are cancer of the breast and bowel or heart
    22        disease, whereas the leaflet refers to a number of
    23        diseases, all of which we believe we have completely
    24        proved, and therefore we are entitled to rely on them.
    25
    26   MR. JUSTICE BELL:  Do not worry about the technicalities of
    27        that.  If you want to address me on those other diseases,
    28        then do so, and I have to sort it out in my own mind at the
    29        end of the day as to whether I can take account of them or
    30        not.
    31
    32        What you should grapple with is that, as I feel at the
    33        moment, so far as nutrition is concerned, again putting
    34        food poisoning on one side, the meaning as I defined it is
    35        the exclusive meaning in relation to nutrition and it is
    36        defamatory.  So that is what you have to bat.
    37
    38        At some stage in your submissions you have got to tell me
    39        if you think any of the meaning as I have defined it is
    40        comment.  I will help you by saying at the moment it looks
    41        to me as if it is all statements of fact, but I have not
    42        heard what you say about that and you may have something
    43        which will make me change my mind about it.  Say what you
    44        will about whether any of it is comment.
    45
    46        But what you have got to meet is this:  how can we justify
    47        that meaning, justify in the broad sense of the word, by
    48        showing that in so far as it is a statement of fact it is
    49        true, and in so far as it is comment, if you say any of it
    50        is comment, it is fair.
    51
    52   MR. MORRIS:   Yes.  I just wanted to say, before your meaning
    53        got completely ring fenced as being the complete and utter
    54        case, that the point is that we are obviously going to be
    55        relying on the evidence justifying the other diseases
    56        mentioned and concerns mentioned in that section that do
    57        not appear in the meaning.  And so, if your meaning is
    58        defamatory, then we would say that the other diseases,
    59        McDonald's relationship with the other diseases and diet,
    60        would also be defamatory and therefore we are entitled to

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