Day 177 - 26 Oct 95 - Page 19
1 of. It happens that some people in the audience know that
2 13 St. John Street is a house of ill repute. To those
3 readers or hearers, the words bear the innuendo meaning
4 that Mr. Smith is keen on stuff which his wife would not
5 perhaps like to know about; and only by that means can the
6 words have a defamatory meaning.
7
8 Of course, in this case we are not in the least concerned
9 with any kind of innuendo meaning. If the words in this
10 pamphlet are defamatory of McDonald's, then they are
11 defamatory in their natural and ordinary meaning; as we
12 would contend, very often in their literal meaning;
13 sometimes, though less often, by nature of an implication
14 drawn from the context of the leaflet as a whole.
15
16 My Lord, I believe that what I have said is a fair summary
17 of everything which is in those passages of Gatley that
18 I have copied, except for the first three pages which do,
19 we would submit, give your Lordship quite considerable
20 assistance in answering the question: what is defamatory of
21 the trader? Starting at paragraph 66 on page 37 -----
22
23 MR. MORRIS: Sorry, what document are we on now?
24
25 MR. RAMPTON: Gatley, paragraph 66 on page 37.
26
27 MR. JUSTICE BELL: The front of that bundle you have been given.
28
29 MR. MORRIS: The page has "67" on the top.
30
31 MR. RAMPTON: That is the paragraph.
32
33 MR. MORRIS: I see, yes.
34
35 MR. JUSTICE BELL: The pages are at the bottom.
36
37 MR. RAMPTON: This I will read, if I may.
38
39 "Defamation in relation to trade. Many
40 imputations defamatory of a merchant or trader
41 would be equally so of a non-trader. Among
42 these are imputations of fraud and dishonesty;
43 it is defamatory to publish of a tradesman that
44 he uses false weights or knowingly sells
45 unwholesome or adulterated goods, or worthless
46 or unworkable wares, or has issued a circular
47 giving a false reason for raising his prices.
48 Similarly, the publish of a trader that he
49 employs sweated labour is calculated to bring
50 him and his business into hatred and contempt,
51 and to deter respectable persons from dealing
52 with him."
53
54 We have not copied that authority, because we are not
55 presently today concerned with argument about the meaning
56 of the passage in the leaflet dealing with working for
57 McDonald's.
58
59 Then, my Lord, I will stop there in 66 and go to 67, if
60 I may.
