Day 309 - 03 Dec 96 - Page 16

     
     1        was that somewhere you say, in relation to meaning, that
     2        where I ruled part of the meaning to be because eating it
     3        may well make your diet high in fat, et cetera, that that
     4        should be taken to mean eating it more than occasionally.
     5
     6   MR. RAMPTON:  That was because your Lordship said that, or
     7        I suggested it.
     8
     9   MR. JUSTICE BELL:  Yes, you said it, and I said I was not
    10        prepared to come along with any gloss on the words at all
    11        at the time.
    12
    13   MR. RAMPTON:  I am sorry, I did not check the transcript.
    14        I should have done.  I thought I had made a concession
    15        which your Lordship had accepted.
    16
    17   MR. JUSTICE BELL:  I do not think I did.  I would like you or
    18        someone to check, because my recollection is that
    19        I specifically said: "This is the meaning, and I do not
    20        propose to elaborate on it now."  I remember Mr. Morris
         showing concern that we might be moving away from the
    22        meaning as I had ruled it.  So, I would be grateful if you
    23        would check and make sure or, rather, see if my
    24        recollection is not correct.
    25
    26   MR. RAMPTON:  Certainly.
    27
    28   MR. JUSTICE BELL:  It was on a day when there was some question
    29        of who should be recalled or called afresh that the
    30        discussion took place, I think.
    31
    32   MR. RAMPTON:  That is right I made a half-baked submission -- or
    33        at least I think it was half-baked -- that there was no
    34        need, and I think I was -----
    35
    36   MR. JUSTICE BELL:  You see, part of the point may be that the
    37        leaflet does not actually say how much you have to eat to
    38        make it high.
    39
    40   MR. RAMPTON:  I am being too generous, in that case, if
         your Lordship is right.
    42
    43   MR. JUSTICE BELL:  If the leaflet had said: "This food is
    44        unhealthy because it is high in fat, et cetera, and low in
    45        various things, and if you eat it regularly it will make
    46        your diet high in fat, with the result that, or if you eat
    47        it every day, or if you eat it several times a week"; but
    48        it does not actually say that.  My meaning, for better or
    49        worse, I think I indicated that it might have made life
    50        easier from my point of view if I had held either for your 
    51        argument as to what it meant or for Ms. Steel's and 
    52        Mr. Morris's argument for what it meant.  But that was not 
    53        my task; it was to see what the meaning was.
    54
    55   MR. RAMPTON:  That is right.
    56
    57   MR. JUSTICE BELL:  It does not give any help as to how much you
    58        have to eat for this risk, does it?
    59
    60   MR. RAMPTON:  No, it does not.  Your Lordship made that