Day 082 - 01 Feb 95 - Page 17

     
     1        relevant bits of law, but I will include the chapter on
     2        "Fair Comment" or the relevant parts of it, and a recent
     3        authority in the House of Lords which is very helpful
     4        because it is not a straightforward matter.
     5
     6   MR. JUSTICE BELL:  I am grateful for that.  If you can find time
     7        it might be worth just going through South Hetton, for the
     8        simple reason that it is a case where the publication made
     9        a number of specific allegations about the company.  The
    10        Judge's concern had something to say about fairness in
    11        relation to such of the facts as were actually
    12        established.
    13
    14        If, when we come back to talk about that in the future,
    15        Mr. Rampton is concerned that it is misleading in any way,
    16        I am sure he will tell me.  I would take Mr. Rampton's
    17        advice and concentrate on Duncan and Neil and the
    18        photocopies from Gattley which I gave you.  But out of
    19        interest only at this stage have a look at South Hetton
    20        because that gives you a problem on the ground, as it were.
    21
    22   MS. STEEL:  I do not know whether there are some parts of the
    23        Duncan and Neil chapter that Mr. Rampton thinks are
    24        particularly important or if there any cases he thinks are
    25        particularly important, but it would be helpful if he could
    26        indicate if there are.
    27
    28   MR. JUSTICE BELL:  If in the future there is a particular case,
    29        I am sure he will give you notice ample of it.  The bit
    30        I gave you in Gattley, for instance, is only the relevant
    31        bit on comment. It does not deal with those aspects, for
    32        instance, of public interest and you do not have to concern
    33        yourself with that.  You will probably find the Duncan and
    34        Neil extract is not very long.  You may think it is a big
    35        topic, but the textbook has to deal with so many subjects
    36        it can only devote a few pages to each.
    37
    38        Before you come to address me on that, I will hear such
    39        argument as I want to hear and (remind me of this in the
    40        future) probably have word processed the test which
         I propose to apply.  Mr. Rampton can address me on that;
    42        you can address me on that.  I will reach a conclusion as
    43        to what the test is in the context of this case, and you
    44        will have that before you actually make your speeches to me
    45        knowing that that would be the test which I will apply in
    46        my judgment.
    47
    48   MR. MORRIS:  Can I ask one question:  The public interest
    49        defence or matter, is there an authority, a standard
    50        authority, on that? 
    51 
    52   MR. JUSTICE BELL:  There are various.  It has not been suggested 
    53        on behalf of the McDonald's that the matters which are
    54        raised under the various heads are not matters of public
    55        interest.  There is no argument about that.
    56
    57   MR. RAMPTON:  My Lord, it is a matter for your Lordship but
    58        I would not waste your Lordship's time arguing that one.
    59        It is quite plainly a matter of public interest.  They are
    60        a public corporation selling a large amount of food to