Day 301 - 15 Nov 96 - Page 15

     
     1        low?
     2
     3   MR. MORRIS:   It just says "wages are low".  I do not know what
     4        unduly means anyway, really, but no doubt we will find out
     5        when Mr. Rampton gives his submission after he has had an
     6        extra couple of months to prepare.
     7
     8   MR. JUSTICE BELL:  What I suggest, if I may, is that you bear in
     9        mind the discussion which we have just had about what
    10        defamatory meaning you would contend there is there, so
    11        that you set about saying, "We have justified that".  And
    12        you can come back if you want to, if you have any further
    13        thoughts by early next week, or at any stage for that
    14        matter.
    15
    16        The next step I would like to ask you about, you may be
    17        going to deal with it, but is there anything which you
    18        would say is comment?   You need not answer that now, but
    19        at some stage I would like you to help me on that.  Do you
    20        remember, it was in relation to employment that I first
         raised the matter?
    22
    23   MR. MORRIS:   Again, it is the same problem in that, you know,
    24        there are obviously lots of loaded considerations and it is
    25        difficult for us, as untrained and -- I mean, I have not
    26        had a lot of time to think about it and the implications of
    27        it.  But you could argue that it is all just common sense
    28        anyway.  I am sure Mr. Rampton will be arguing for what is
    29        beneficial to his client rather than what is common sense.
    30        So I am a bit nervous about saying this is our position,
    31        and you know, all being equal we would be happy to throw
    32        ourselves at the mercy of the Court and justice will be
    33        done at the end of the day, because all we are interested
    34        in is that the truth comes out.
    35
    36   MR. JUSTICE BELL:   I am afraid you have certainly got to do
    37        that.  But at this stage, however diffident you may
    38        feel about it, I must really try and prod you into saying
    39        that -----
    40
    MR. MORRIS:   As long as it is not used against us.
    42
    43   MR. JUSTICE BELL:  Tell me what, if any, part of this you, or
    44        Ms. Steel for that matter, would suggest is comment.
    45
    46   MR. MORRIS:   The thing is, as you said yesterday, or a couple
    47        of days ago, in this particular level it is hard to
    48        separate fact and comment and, you know, it is hard to
    49        separate what is criticising McDonald's and what is just
    50        criticising, you know, something that they are part of, and
    51        I think that political literature and political speech
    52        should be protected in this country.
    53
    54   MR. JUSTICE BELL:   Please do not go back to that.  You are just
    55        eating into the time that you have to deal with the
    56        nitty-gritty of employment.  What I suggest we will do, we
    57        will -----
    58
    59   MR. MORRIS:   I was going to go through it line by line and say
    60        what I felt the meaning was.  If facts and comment come out