Day 292 - 01 Nov 96 - Page 27
1 not just McDonald's, not promoting an effective recycling
2 culture. In fact, they are doing the opposite. Of course,
3 I will say it is in McDonald's interests to remove as many
4 issues in the case as they can.
5
6 MR. JUSTICE BELL: No. It is not quite as simple as that,
7 because I re-read the Polly Peck case, after Mr. Rampton
8 referred to it the other day, and, as a judge, I have to
9 grapple with these matters, unfortunately.
10
11 MR. MORRIS: Well, we say that their culpable responsibility
12 for the environment/index.html">litter problem is defamatory and we are entitled to
13 rely on any defamatory points that we have proven to pray
14 in aid our case in general, but also our case on obviously
15 clearly related matters, and environment/index.html">litter is specifically
16 referred to there, and the implication of it, that it is a
17 bad thing, and we are entitled to rely on any defamatory
18 matters, especially ones that have been specifically
19 referred to in the fact sheet, to see whether overall the
20 matters in the fact sheet have lowered the reputation of
21 the Plaintiffs, because of what we have proven. Anyway, I
22 will go back to ----
23
24 MR. JUSTICE BELL: What I do suggest is, when we break off in 10
25 minutes' time, you ask Mr. Hill, consequent upon what
26 Mr. Rampton said the other day about being able to ask for
27 any parts of the transcript which contain little bits of
28 legal discussion - it is going to be around pages 23 and 34
29 of the Caseview, which may help identify it when the
30 perfected transcript comes through - and ask for those.
31
32 And not while you are still carrying on with recycling and
33 waste, have a look at the Polly Peck case. If you have not
34 got it, ask Mr. Glenn to make you a photocopy out of my own
35 copy - unless it is actually in one of your two binders,
36 Mr. Rampton - and give a little bit of thought to it, and
37 if you are getting some legal advice, ask the friend who is
38 doing it "how about this".
39
40 MR. RAMPTON: I think the whole of it is not, my Lord, because
41 it is in there for a different purpose. In our submissions
42 we have not actually dealt with the particular point which
43 I was making just now, but....
44
45 MR. JUSTICE BELL: Anyway, what I suggest you do is certainly
46 you should plod on as if culpable responsibility for environment/index.html">litter
47 is a relevant issue in the case. All I will say is, in any
48 mind it is not as open and shut as one might first of all
49 think, but we will see. Anyway, you should deal with
50 environment/index.html">litter on the basis that I might decide that environment/index.html">litter has
51 some relevance in the case, query what it bites on, and
52 obviously that you may have made some good ground on that
53 subject in the course of the hearing. But do not comment
54 any further on it now. Just keep it as one of the matters
55 you have got to address me on.
56
57 MR. MORRIS: Right. Well, because of us calling a witness from
58 the King's Road area of London about the problems of environment/index.html">litter
59 in that area, McDonald's called former and current managers
60 of that local store, and they recognised there had been
