Day 296 - 07 Nov 96 - Page 04

     
     1   MR. RAMPTON:   I mean, if one takes our meaning 'H', my Lord,
     2        for example, it seems to me that that is, even as one reads
     3        it, subsumed in your Lordship's meaning, because there are
     4        two aspects -----
     5
     6   MR. JUSTICE BELL:   Just let me turn it up.
     7
     8   MR. RAMPTON:   I am sorry, my Lord.  (Pause)
     9
    10   MR. JUSTICE BELL:   Yes.
    11
    12   MR. RAMPTON:   That perhaps is a very good example.  If one
    13        looks at 'H', it is entirely subsumed in your Lordship's
    14        meaning, because it has two features; one, the food
    15        becoming part of the diet via addiction, and, two, as a
    16        result of that causing heart attacks.  Those are both in
    17        your Lordship's meaning.  Therefore, one ignores 'H' unless
    18        one is the Defendant and one wants to say "well, there is
    19        evidence that the food is addictive".
    20
    MR. JUSTICE BELL:   I did not.... You abandoned 'G', as it were?
    22
    23   MR. RAMPTON:   Yes, I have lost interest in 'G'.
    24
    25   MR. JUSTICE BELL:   The meaning I have found took account of
    26        what you had pleaded at 'F' and 'H'.
    27
    28   MR. RAMPTON:   That is right.
    29
    30   MR. JUSTICE BELL:   What Ms. Steel and Mr. Morris had pleaded as
    31        the meaning and what they said, Ms. Steel in particular,
    32        was the slightly different meaning which they were batting
    33        for in the argument on meaning.
    34
    35   MR. RAMPTON:   Yes.  And all the arguments and submissions which
    36        were made on both sides - me for something slightly
    37        stronger than your Lordship, the defendants for something
    38        rather weaker - have now fallen by the wayside, they have
    39        all gone.
    40
    MR. JUSTICE BELL:   That is the way I have seen it.
    42
    43   MR. RAMPTON:   I should only mention, while your Lordship has it
    44        open, 'I' does not strike me as being anything more than a
    45        bit trivial, quite honestly.
    46
    47   MR. JUSTICE BELL:   No.  Well, I must say I had seen 'I' as
    48        bearing on food poisoning and advertising or marketing.
    49
    50   MR. RAMPTON:   And children, yes, I agree with that.  Not much
    51        to do with diet.
    52
    53   MR. JUSTICE BELL:   Thank you.
    54
    55   MS. STEEL:   Does that mean that 'I' is now kind of taken off
    56        the record?
    57
    58   MR. JUSTICE BELL:   I think it is so far as nutrition is
    59        concerned.  Mr. Morris referred to it in relation to food
    60        poisoning and I can see it might have a bearing there, and