Day 175 - 18 Oct 95 - Page 05
1 Sean Richards, 39D Rose French, 39E Sabina Iurilla and 39F
2 Michelle Wetli. If there is a lack of dividers, we will
3 certainly supply them.
4
5 MR. JUSTICE BELL: 39E, did you say?
6
7 MR. RAMPTON: E would be Sabina Iurillo, and 39F would be
8 Michelle Wetli.
9
10 MR. JUSTICE BELL: Yes, thank you. The other matter I wish to
11 mention -- I mention it now in case it involves any
12 additional work -- relates to the argument about meaning so
13 far as the nutrition section is concerned, or, perhaps
14 I should more precisely say, the defamatory meaning so far
15 as that is concerned. It would help me, Mr. Rampton --
16 though, of course, it is entirely a matter for you -- if
17 you felt able at some stage in your submissions, possibly
18 early on, to set out what you say are the absolute
19 essential principles with regard to meaning.
20
21 MR. RAMPTON: As a matter of law?
22
23 MR. JUSTICE BELL: Yes. It would be quite sufficient for my
24 purposes if they were put quite shortly. I think virtually
25 all of them had been touched upon at some stage, though
26 they may not all have been. I have in mind, quite apart
27 from anything in Skuse or Charleston, what I might describe
28 as longstanding fundamentals, which you might argue, for
29 instance, that you submit that I am not entitled to take
30 account of any evidence when looking for the meaning.
31 I can see you might say that what the author or publisher
32 meant or may have meant is irrelevant to meaning. I would
33 like a little assistance on what I will call the bad wine
34 point, because I remember -- I cannot remember what the
35 case was -- that it is or may not be defamatory to say
36 merely that someone sells bad wine.
37
38 MR. RAMPTON: Quite. South Hetton Coal Company is the name of
39 the case.
40
41 MR. JUSTICE BELL: I would be grateful if you could help me with
42 that. When I say help me, the reason I mention it now is
43 not only so that you have some time to prepare yourself --
44 you may well be going to do it anyway -- but it crosses my
45 mind that in making my ruling on what the meaning is for
46 the purposes of this litigation of the nutrition part,
47 I may have to set out certain principles, which I would
48 then, unless there were further argument which made me
49 change my mind, adhere to when deciding what the meaning
50 was of other sections.
51
52 So, it occurred to me that it might be helpful to know now,
53 even if some of the principles are relevant to nutrition
54 meaning, what the essential principles are and to have them
55 canvassed in case they crop up in judging the meaning of
56 other parts. That is ------
57
58 MR. RAMPTON: My Lord, we were going to do that anyway. So I am
59 grateful for that indication. What it means is that
60 I shall feel easier about doing it whereas I was a bit
