Day 307 - 27 Nov 96 - Page 18


     
     1        that the contents of the said leaflet are untrue".  That is
     2        really taken from, in particular, the ninth paragraph of
     3        the 'Libel Action Background Briefing', which says that
     4        "McDonald's has no choice, therefore, but to take steps to
     5        stop these lies otherwise the group will continue to
     6        deceive the public".  So the phrase is used there,
     7        "deceiving the public", and then it says:  "The group is
     8        not incorporated, therefore it was only possible for
     9        McDonald's action to be against those individuals who were
    10        responsible for distributing the leaflet and who chose to
    11        defend it."
    12
    13        So, that is clearly a reference to us because we are the
    14        only people defending this action, and it is clearly saying
    15        that we are deliberately deceiving the public.  McDonald's
    16        pleaded meaning is: "The Defendants are deliberately or
    17        recklessly deceiving and intend to continue so to deceive
    18        the public when they know full well that the contents of
    19        the said leaflet and other material are untrue and/or are
    20        reckless as to their truth or falsity."
    21
    22        Obviously, the first point on that is that there is no
    23        reference to recklessness in the press releases, as I said
    24        before.  The second point is that it says, "and other
    25        material" and there are no other materials; it refers to
    26        the fact sheet.
    27
    28        The third point, again, is the end part of that pleaded
    29        meaning, which was "and/or are reckless as to their truth
    30        or falsity".  Again, there is no recklessness stated in the
    31        press releases and leaflets.
    32
    33        The Defendants' meaning (e):  "The Defendants and each of
    34        them have by circulating and repeating the said lies caused
    35        harm to McDonald's staff, customers, suppliers and
    36        thousands of independent franchisees".  That is taken from
    37        the eighth paragraph of the "Libel Action Background
    38        Briefing" which states that: "These lies are affecting
    39        McDonald's staff, customers, suppliers and thousands of
    40        independent franchisees".  I do not really have anything to
    41        say about the Plaintiffs' pleaded meaning (e).  I mean, it
    42        just continues from the other meaning.
    43
    44        Then there is meaning (f).  I mean, it is more or less the
    45        same as ours, anyway.  But they used the word 'improperly'
    46        and, obviously, we would say that the statements in the
    47        fact sheet are true and, therefore, if any concern was
    48        caused to McDonald's staff, customers, suppliers, and
    49        thousands of independent franchisees, then that would be
    50        perfectly proper because they are issues which people 
    51        should be concerned about.  But in terms of what the 
    52        meaning is, then I suppose we have not got anything to say 
    53        about that.
    54
    55        Then the Defendants' pleaded meaning (f):  "The Defendants
    56        and each of them have falsely claimed that they are not
    57        actively involved when they have for many years taken
    58        leading roles in a consistent campaign against McDonald's,
    59        including responsibility for organising demonstrations and
    60        anti-McDonald's fairs".  This one is only taken from the

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