Day 001 - 28 Jun 94 - Page 21
1
We enclose herewith a sealed copy Writ, Form of
2 Acknowledgment of Service and Statement of Claim.
3 It has come to our clients' attention that you have for
some time been party to the distribution and publication
4 of a leaflet entitled 'What's wrong with McDonald's?'.
This leaflet, as you are no doubt well aware, contains a
5 number of highly defamatory and untrue allegations against
our Clients and it appears abundantly clear that its
6 distribution is part of a campaign organised by
'Greenpeace (London)' to discredit our clients,
7 irrespective of the truth.
8 Our clients are no longer prepared to allow the
dissemination of these libels to go unchallenged and
9 uncorrected. Accordingly they require that you: 1.
Undertake to the High Court that the publication and
10 distribution of this leaflet, and any other material
defamatory of our Clients, by you will cease forthwith.
11
2. Join in making a statement in Open Court in which you
12 acknowledge the falsity of the libels contained in the
leaflet (which are, for convenience, identified in
13 paragraph 4 of the Statement of Claim served on you with
this letter).
14
3. Meet our clients costs in full.
15
If the above requirements are met in full within 14 days
16 of service of proceedings upon you our Clients are
prepared to waive their undoubted right to damages.
17 Failing this, they intend to bring this matter as speedily
as possible to trial. Having regard to the gravity of the
18 matters contained in this letter and the proceedings
against you, we would advise that you consult solicitors
19 forthwith".
20 There are further letters in that part of the bundle which
shows that is what happened. Solicitors were instructed.
21 The outcome was this, that in due course the other three
defendants, Mr. Gravett, Mr. Clarke and Mr. O'Farrell,
22 capitulated. They agreed to comply with the terms of this
letter I just read. They apologised to the plaintiffs in
23 open court and they gave undertakings to the court not to
repeat the allegations complained of. The statement in
24 open court was read and the undertakings given to the
court in January 1991. My Lord that is a significant
25 date, as your Lordship will shortly see.
26 However, not Mr. Morris or Miss Steel. They maintain (as
they still maintain), first, that they did not publish the
27 leaflet complained of and, second, that its contents were
true or fair comment. My Lord, as to publication, which
28 is an issue in the case, the direct evidence which the
plaintiffs will call I have almost outlined. There is
29 evidence of a more general kind which shows that whoever
it is within London Greenpeace who actually hands out the
30 material in the physical sense, the distribution is very
much part of what we would describe as a joint enterprise
