Day 077 - 25 Jan 95 - Page 08
1 exonerate McDonald's of any kind of misconduct in the sale
2 of beef, despite the fact that there had been a suspicion
3 (and may be still is, I know not) that some animals were
4 infected with BSE and, in addition, of course, that that
5 condition is transmissable to human beings.
6
7 My Lord, if the case were to be made, or sought to be made,
8 that McDonald's had in relation to this question of BSE
9 been in any sense negligent or reckless, worse still
10 reckless or, worst still, dishonest as, for example, the
11 pamphlet alleges in relation to the question of diet and
12 heart disease and cancer, then that case would have to be
13 made distinctly.
14
15 As I read Dr. Dealer, what he is saying is, well, he thinks
16 this was the position but McDonald's were not under any
17 obligation to do any more than they did; even if they had
18 sought medical advice independent of what MAFF was doing
19 and saying at the time, the likelihood is they would not
20 have found anybody because there were very few people --
21 I am quoting -- "very few people working on risks and
22 epidemiology in the UK outside MAFF and the Tyrell
23 Committee".
24
25 My Lord, if a man by misfortune should sell a bottle of
26 wine or a hamburger which is not as good as it might be and
27 the customer suffers in consequence, but no fault or blame
28 can be attributed to the businessman on that account, then
29 a statement to the effect that the goods were or might have
30 been unsatisfactory in some way is not the justification of
31 a defamatory libel.
32
33 My Lord, if it is not, then we would urge your Lordship
34 (and I am repeating myself and I do apologise) not to allow
35 this court be used as a forum for that interesting debate
36 which Dr. Dealer has addressed in his report. If your
37 Lordship does not accept my submission, then I would ask at
38 least this, that the Defendants be compelled on this
39 occasion to state precisely and in writing what their case
40 is on this question, partly so that I can get the evidence
41 that I need to deal with it, but partly also so that it
42 shall be known before Mr. Walker gives evidence what it is
43 that they are saying and that he might be expected to deal
44 with.
45
46 MS. STEEL: I have not prepared for this because we have
47 been -----
48
49 MR. JUSTICE BELL: You can either argue it now and I will make a
50 ruling or you can say that you want time to prepare in
51 relation to it. If you do want time, then you should
52 during the time you are given set out a draft amendment to
53 your plea of justification and fair comment to set out what
54 the allegation is or what you are seeking to justify in
55 relation to McDonald's, because whatever may have been said
56 in the past about not having to amend your Defence in
57 respect of allegations which have been made in witness
58 statements, it is my view that in relation to a specific
59 matter such as this you should set out what your case is.
60
