Day 308 - 28 Nov 96 - Page 20


     
     1        still remains that writs were issued in 1990, which is only
     2        six years after that.  But, I mean, the point is that we do
     3        not accept the bit about 1984 anyway, because it was about
     4        a totally different leaflet.  There was no attempt to
     5        settle the matter amicably, either.
     6
     7   MR. JUSTICE BELL:  I have all the points, I think, on this.
     8
     9   MS. STEEL:   Right.  Can I just say another bit, while I have
    10        got the reference for it.  On day 258, page 567, line 24,
    11        Mr. Nicholson accepted that the first thing written about
    12        the fact sheet was the letters to the five Defendants,
    13        including myself and Mr. Morris, enclosing the writs.
    14
    15   MR. JUSTICE BELL:  Yes.
    16
    17   MS. STEEL:   As I said before, we are not resiling from the
    18        allegation of express malice against McDonald's UK.
    19
    20        In terms of the four individuals that were named as acting
    21        with express malice -- Mr. Preston, Mr. Nicholson,
    22        Mike Love and Edie Bensilum -- they were all involved with
    23        the production of the leaflets and press releases, and, in
    24        Mr. Preston's case, he came to court and said he took over
    25        all responsibility for it.  They were all in positions of
    26        authority, and they failed to check that the facts, or the
    27        so-called facts, that they were putting out were -- they
    28        failed to check whether or not they were correct and they
    29        failed to stop it when they knew that the facts were
    30        incorrect.  I mean, our position is that they knew the
    31        facts were incorrect before it was published.  But,
    32        certainly, they failed to stop it even when it was brought
    33        to their attention through the counterclaim.
    34
    35        Just in relation to this point, Mr. Nicholson said, on
    36        day 259 page 9, line 55, that both Mike Love and
    37        Edie Bensilum have attended court on a number of
    38        occasions.
    39
    40        Now, they have not been called to give evidence.  That is
    41        the Plaintiffs' choice.  Therefore, there is no evidence
    42        from them to defeat the allegations that we have put
    43        forward of express malice on their part; and that was
    44        McDonald's choice not to call them as witnesses.
    45
    46        I am not going to say much about damages, but -----
    47
    48   MR. JUSTICE BELL:  Do you want to take the break there, or will
    49        there be a more convenient moment within the next quarter
    50        of an hour? 
    51 
    52   MS. STEEL:   It will not take very long, so I could do it now. 
    53        Just to say, really, that we have not really got any idea
    54        about damages because we have not got any experience.
    55        However, to be accused of being a liar is a very serious
    56        allegation to make of anyone, but it is particularly
    57        serious for campaigners for whom it is very important to be
    58        trusted.  It is important to me that I am not publicly
    59        accused of deliberately deceiving the public, particularly
    60        not on matters of such great public importance.  I have

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