Day 301 - 15 Nov 96 - Page 18

     
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     2   MR. MORRIS:   Yes, I think it is a general charge that includes
     3        an element of comment.  I think that is probably the best
     4        way to describe it.  The word "bad" is obviously
     5        subjective.  There is no definition of it.  It is a
     6        comment about the general charge of the conditions of pay,
     7        the pay and conditions are worse than in other industries
     8        and that that is bad.  I think that kind of -- you know,
     9        looking at it as impartially as possible, that is probably
    10        the most -----
    11
    12   MR. JUSTICE BELL:  Again, you must tell me if I have got it
    13        wrong.  Just pause for a moment.  (Pause) What I have
    14        written down, and tell me whether this is what it comes
    15        to:  the description of bad pay conditions is a general
    16        charge and both a statement of fact and a comment, and you
    17        are entitled to defend it by justification or as fair
    18        comment.
    19
    20   MR. MORRIS:   And as fair comment.  Justification and fair
         comment.
    22
    23   MR. JUSTICE BELL:  No, they are separate defences.  If you win
    24        on either, you say that is it.  But you can either defend
    25        it by saying "As a statement of fact it is true and we are
    26        entitled to rely not only upon what is referred to in the
    27        leaflet but also other things like health and safety which
    28        are not, because it is a general sting", or "We can defend
    29        it as comment by saying that it is fair in the light of the
    30        matters which we have established are true and which are
    31        referred to in the leaflet."
    32
    33   MR. MORRIS:   Yes.  I am looking at your nutrition meaning and
    34        other parts of the fact sheet, and I think that there are
    35        general charges throughout the fact sheet, well, that
    36        contain an element of comment.  For example, the word
    37        'unhealthy' in the nutrition section is clearly
    38        subjective, it is partly a subjective comment, because, you
    39        know, it is a matter of opinion.  But also it is obviously
    40        a general charge about the poor quality of the food in the
         light of the high fat, salt, sugar, all that kind of
    42        stuff.
    43
    44        I think that that applies to virtually all of the
    45        sections.  There are general charges and that the general
    46        charges contain elements of comment that are subjective.  I
    47        mean, the word 'bad' has got to be subjective.  In fact,
    48        look at the other sections.  Obviously, we can go through
    49        this, we did want to go through at the end of our
    50        submissions the fact sheet and try and identify what is
    51        fact and what is comment.
    52
    53   MR. JUSTICE BELL:  Very well.
    54
    55   MR. MORRIS:   It is just a question of having time.  Helen and I
    56        have not actually sat down and talked about it at any
    57        stage, we are just doing our own sections.
    58
    59   MR. JUSTICE BELL:  Yes.
    60