Day 200 - 12 Dec 95 - Page 12
1 know that it is right. I will explain why briefly, if
2 I may. My Lord, one starts, in our submission, with this
3 question: Is any further evidence necessary or admissible
4 on the nutrition issue? If so, what? My Lord, the answer
5 to that question depends on the answer to the further
6 question: What is the natural and ordinary meaning of the
7 leaflet in this respect? The answer to that question
8 determines what evidence is relevant and admissible by way
9 of justification.
10
11 My Lord, the reason for that is that a plea of
12 justification, which is not aimed at the natural and
13 ordinary meaning which we now know, in contrast with the
14 ordinary case where each side is contending for a different
15 meaning and leads evidence on one side or other in relation
16 to justification of a different meaning, that is where you
17 have a jury, appears that in a position that we do actually
18 know the meaning because your Lordship has made a finding
19 of fact. I would ask your Lordship for that reason to look
20 at the ruling which you made on 20th November.
21
22 MR. JUSTICE BELL: I have the part of it which goes from
23 conclusion onwards in front of me now.
24
25 MR. RAMPTON: My Lord, that is sufficient. The actual meaning
26 itself is on page 26.
27
28 MR. JUSTICE BELL: Yes.
29
30 MR. RAMPTON: Broadly speaking, we see that it breaks down into
31 two parts; the first part being an allegation descriptive
32 of the characteristics of the food itself down to the first
33 semicolon.
34
35 MR. MORRIS: Could we have a copy of the ruling?
36
37 MR. JUSTICE BELL: Borrow mine for the moment because I have a
38 photocopy of it.
39
40 MS. STEEL: Can I just ask something, which is that our witness
41 wants to leave. I do not know how long Mr. Rampton is
42 going to be, but we would appreciate being able to speak to
43 her for a couple of moments.
44
45 MR. JUSTICE BELL: I will take a five-minute break now. I do
46 not want to take longer. I will break off until 12 noon to
47 give you a chance to say goodbye to Miss Watkins and just
48 to read through that ruling again. It is really what
49 appears at the very top of that page.
50
51 MR. RAMPTON: My Lord, we will be submitting, if this helps,
52 that the whole of that page and the little bit at the top
53 of the next page is relevant in this connection. There is
54 also a relevant passage ----
55
56 MR. JUSTICE BELL: The photocopy is not of the approved thing,
57 so where do you start in the actual script, the bits you
58 want to refer to?
59
60 MR. RAMPTON: It starts with the meaning. The leaflet bears the
