Day 313 - 13 Dec 96 - Page 35


     
     1   MR. JUSTICE BELL: Just pause a moment.
     2
     3   MS. STEEL:   It is from the animals film.  I was going to come
     4        to that, I was going to read it out because it is very
     5        short, and then tell you...  Because the form of Civil
     6        Evidence Act notices is that you say what the statement is
     7        and then you say who made it and in what circumstances.
     8
     9   MR. JUSTICE BELL: What is the notice in respect of?
    10
    11   MS. STEEL:   It is in respect of a statement made on film by a
    12        representative of McDonald's.  In fact, I think we got the
    13        identity of the person when Mr. Beavers was giving
    14        evidence.  It was shown as part of the animals film, which
    15        is document 10 on the Defendants' supplementary list of
    16        documents.  I mean, I do not have to read it all out, but
    17        just that for some reason it has been kind of forgotten
    18        about as a piece of evidence and I wanted to point out that
    19        it is something we did want to rely on.
    20
    21   MR. JUSTICE BELL: What I suggest is, in the course of the
    22        afternoon get it copied, give a copy to Mrs. Brinley-Codd
    23        so that she and Mr. Rampton know what it is and I will have
    24        a copy as well.
    25
    26   MS. STEEL:   Right.
    27
    28   MR. JUSTICE BELL: No doubt it is in the papers somewhere.
    29
    30   MS. STEEL:   It is in the correspondence files, I think.
    31
    32   MR. JUSTICE BELL: Very well, but get me another copy anyway so
    33        I make sure I have it in front of me.
    34
    35   MS. STEEL:   OK.
    36
    37   MR. JUSTICE BELL: What are you going to go on to next?
    38
    39   MS. STEEL:   I was going to deal with malice.
    40
    41   MR. JUSTICE BELL: This is in relation to counterclaim, is it?
    42
    43   MS. STEEL:   No, it is in relation to the main claim.  Sorry,
    44        I have some pages to hand up but I am trying to find them.
    45        (Handed).  Right.
    46
    47        In relation to the law on malice.  The Plaintiffs must show
    48        that the Defendants individually were motivated by malice,
    49        and there is a reference for that which is Egga v Viscount
    50        Chelmsford, 1965, 1 Q.B. 248.  Therefore, malice cannot be
    51        inferred from matters contained in the leaflets produced by
    52        London Greenpeace the McLibel support campaign or others,
    53        unless the Plaintiffs can show actual evidence that the
    54        Defendants themselves produced, authorised or distributed
    55        the particular leaflet.  The only exception to that would
    56        be where an agreement with a particular document has been
    57        expressly stated in open court, for example, whilst I was
    58        being cross-examined where I indicated that I adopted the
    59        viewpoints expressed.
    60

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