Day 294 - 05 Nov 96 - Page 27
1 untrained people, the flashing lights -- just basically the
2 fast through put and the inevitable fragility of that.
3
4 Can I just say that although it may be conceded that we
5 have established our case all the way up to the actual
6 store-----
7
8 MR. RAMPTON: It certainly is not.
9
10 MR. MORRIS: Mr. Rampton is not conceding perhaps-----
11
12 MR JUSTICE BELL: I think that was a bit optimistic.
13
14 MR. RAMPTON: I do agree that cooking is the most important
15 thing, that is quite clear on the evidence.
16
17 MR. JUSTICE BELL: Yes. You may find yourself in the position
18 that such is the way of things that if food is not properly
19 cooked, especially if it is minced beef, there would be a
20 real risk of significant food poisoning. Now, I am not
21 giving any view of it. I obviously have certain
22 preliminary views about some aspects of it, but I do not
23 have any finished views. Let us suppose it is just the way
24 of things, particularly with minced meat products-----
25
26 MR. MORRIS: And chicken.
27
28 MR. JUSTICE BELL: That there would be a real risk of food
29 poisoning were it not properly cooked. I mean, let us
30 suppose that turns out to be the situation. Then one has
31 to look at what the restaurant practices are, not just
32 cooking, general hygiene practices, and one has to look at
33 cooking particularly, and ask oneself, say again, if
34 McDonald's construction of the leaflet is correct, and say,
35 taking all that into account, is there a real risk of food
36 poisoning? I think there is much more common ground about
37 the risks, such as they are, up to the point of cooking
38 than there is about the cooking.
39
40 MR. MORRIS: Right. I think that common ground has come
41 because we have effectively -----
42
43 MR. JUSTICE BELL: It may be.
44
45 MR. MORRIS: Demonstrated our case is correct.
46
47 MR JUSTICE BELL: I am less concerned than the parties
48 habitually are on who has one won this battle and who has
49 won that battle. I am much more concerned with who has the
50 war at the end of the day.
51
52 MR. MORRIS: Yes, but I think it should be recognised. It does
53 not matter who won it. But the point is that whatever
54 happens the more of the leaflet that is the defamatory
55 words identified in the statement of claim that are proven,
56 then the better as far as we are concerned, obviously.
57
58 I will move on. I have dealt with cooking to some extent
59 but I will come on to that again in a minute. I still feel
60 I just want to go through the rest of the process with our
