Day 307 - 27 Nov 96 - Page 30
1 that we have ignored several letters. There is no
2 evidence, in fact, that we have ignored any letters at
3 all. The second point I wanted to make about the 1984
4 letter is that it was not about the fact sheet.
5
6 MR. JUSTICE BELL: Yes, I have that point.
7
8 MS. STEEL: Yes, and that we did not ignore the September 1990
9 letter, because it was the letter enclosing the writ and we
10 responded by filing a defence and fighting the case. It
11 can hardly be said that we have ignored their letter.
12
13 MR. JUSTICE BELL: Yes.
14
15 MS. STEEL: That is that, really. In number (6) -- I mean, I
16 am not going to go over all the points that I have made
17 before. So, if you just assume that I am making them every
18 time the same thing comes up.
19
20 MR. JUSTICE BELL: Yes.
21
22 MS. STEEL: In paragraph (6) they have asserted that we have
23 wrongfully caused concern to McDonald's staff, customers,
24 suppliers and thousands of independent franchisees. They
25 are saying that they are going to justify that. As far as
26 I can tell, we have not heard any evidence of concern by
27 McDonald's staff, customers, suppliers and thousands of
28 independent franchisees as a result of the fact sheet. So,
29 they have the burden of proof to show that they have been
30 wrongfully caused concern and McDonald's have not brought
31 any evidence on that point.
32
33 Number (7): "The Defendants have made false claims as to
34 their involvement in a persistent campaign against
35 McDonald's by denying that they have for many years taken
36 prominent roles therein."
37
38 I have not seen any evidence brought by McDonald's that,
39 firstly, we made false claims. I have not seen any
40 evidence brought by McDonald's about any statements, for
41 example, made publicly -----
42
43 MR. JUSTICE BELL: What they say is, if you come to the last
44 long sentence of the inset paragraph on page 10, they are
45 relying on what they say is in your witness statement and
46 that of Mr. Morris and answers to interrogatories. That is
47 what it boils down to.
48
49 MS. STEEL: OK. But the first point is, obviously, where have
50 they shown that the statements that were made in our
51 statements and in the interrogatories were false? They
52 have not shown that anywhere. There is no evidence which,
53 you know -- there is no evidence anywhere of us having a
54 leading role in the campaign. I mean, they have failed to
55 show a single lie in either the interrogatories or the
56 witness statements.
57
58 MR. JUSTICE BELL: That comes back to what I make of the
59 publication issue, does it not?
60
