Day 313 - 13 Dec 96 - Page 50


     
     1        that is comment.  "Murdering a Big Mac", that is comment.
     2        "Cattle becoming frantic", we would say that is comment
     3        because it is a value judgment.  "McDonald's are", the last
     4        line, "responsible for the deaths of"...  Well, that is
     5        just fact, really.
     6
     7        I think that has done that job.
     8
     9   MR. JUSTICE BELL:  Yes, thank you.
    10
    11   MS. STEEL:  Just a few points about damages.  This was a
    12        question that was raised the other day about the
    13        persistence in a plea of justification resulting in an
    14        increase in damages.  Just, really, to say that, I mean,
    15        I did not -- I have not had a chance to read all the legal
    16        cases, but I do not see why a persistence of a plea of
    17        justification should result in an increase in damages when,
    18        in every trial involving a publicly known figure or
    19        company, there must be publicity about the trial by the
    20        very fact that it has come to court, and if that argument,
    21        legal argument, that Mr. Rampton was advancing the other
    22        day in relation to this was accepted, effectively, it would
    23        be saying that people should not defend cases brought
    24        against them even if they believe in it.  So, I think that
    25        whatever was being said about that the other day should be
    26        ignored.
    27
    28        The other point about damages is the court has not heard
    29        any evidence at all about how many fact sheets were
    30        distributed in the given period, that most of the
    31        distribution of fact sheets was done in bulk by Veggies,
    32        and that was of the approved version.  So, McDonald's
    33        cannot claim for that, and that is particularly so since it
    34        is clear that Veggies reproduced the fact sheet, the
    35        London Greenpeace fact sheet, from a copy they received
    36        early on, i.e. before the Defendants' earliest possible
    37        date of liability.
    38
    39        Now, obviously, there are, I mean -- the other general
    40        point about damages is that McDonald's knew when they
    41        brought this case that we had no resources and no hope of
    42        paying and, for that reason, should not be entitled to
    43        damages, and that they made a play of waiving damages
    44        against the other three Defendants in this case and they
    45        should not, therefore, be allowed to recover whatever was
    46        considered to be their share, or whatever, from us, because
    47        it was McDonald's choice not to continue the action against
    48        them.
    49
    50        The final point is that the Plaintiffs have publicly
    51        declared that they are not claiming damages in this case
    52        and, in fact, that actually got reported in The Times
    53        today, which, as we all know, is a lie, but because they
    54        have publicly stated that matter they should be held to it
    55        and deemed to have abandoned their claim for damages, so
    56        they should not get any damages even if they win.
    57
    58   MR. MORRIS:  Just on the subject of damages:  They have shown no
    59        evidence of any financial loss which we say they should
    60        have to do.  As regards they would have to show damage to

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