Day 148 - 05 Jul 95 - Page 09

     
     1        I have just given.
     2
     3   MR. RAMPTON:  Yes, my Lord, very well.  Thank you.
     4
     5   MR. JUSTICE BELL:  Potentially, you have items 3, 4, 5, 6 and 7
     6        on your list, and of Mr. Rampton's and Mr. Atkinson's
     7        application you have the question of recall of Ms. Hovi and
     8        leave to call Mr. Bone in rebuttal; you have anything you
     9        want to say about Mr. Secret; the printout of the alleged
    10        food violations; the document in relation to the "Mc"
    11        prefix, if you want to say anything about that matter, and
    12        you have the applications which Mr. Atkinson made about
    13        discovery in relation to publication as it arises over the
    14        counterclaim, and further and better particulars in
    15        relation to malice.
    16
    17   MR. MORRIS:  Not necessarily in that order.
    18
    19   MR. JUSTICE BELL:  You take them in your own order.
    20
    MR. MORRIS:  As the food violations and the child labour
    22        violations are both about pleadings, it would probably be
    23        sensible to do them on a day, a day and a half, set aside
    24        on the 17th which we will attempt to draft up pleaded on
    25        those.  The comment about the food violations document,
    26        just so that Mr. Rampton knows, whatever day is dated on
    27        that document, we received it within two weeks of when it
    28        was disclosed -- I mean two weeks from last week -- so it
    29        would have been disclosed within about three or four days.
    30
    31        I have no idea why it has a different date on the document,
    32        but I can inform the court that it was disclosed as soon as
    33        I had read them and thought they were relevant.
    34
    35        As far as the comment we have on the use of the "Mc" prefix
    36        as a generic use, such as "McJobs", or whatever, is not
    37        that -- Mr. Rampton said the natural and ordinary meaning
    38        of what it says in the leaflet is entirely for yourself,
    39        but the point is that the increasing use of the prefix to
    40        describe generic matters, we would say, is important in
         evaluating the weight, if any, given to headings in the
    42        fact sheet, the subject of the action.
    43
    44        We would obviously argue in any case that the text is clear
    45        and the headings cannot alter the meaning of the text,
    46        whatever they are deemed to mean or not mean, but that if
    47        any weight at all was to be given to headings, the generic
    48        use of the "Mc" symbol or "Mc" prefix would need to be
    49        taken into consideration, because when people talk about
    50        "McJobs" in the UK they do not only mean McDonald's, they 
    51        mean that type of jobs. 
    52 
    53        This obviously relates to the nutrition and health issue,
    54        if at all, and it is the Plaintiffs who have introduced the
    55        line about trying to influence your understanding of the
    56        meanings of the text by trying to inflate a case which they
    57        do not have on the meaning of the nutrition text in the
    58        fact sheet by reference to headings and a cartoon, which
    59        are not part of the text and, therefore, it is the text
    60        which matters, we would say.  But, if their argument