Day 309 - 03 Dec 96 - Page 66
1 McDonald's damage the ozone layer, been looking at the
2 particulars of justification and not at the leaflet.
3
4 MR. RAMPTON: Yes, that is almost certainly right I should have
5 thought.
6
7 MR. JUSTICE BELL: Now, I would like your help on that as to
8 whether, therefore, damage to the ozone layer and CFCs and
9 HCFCs are relevant in relation to the counterclaim. But
10 there is more to come I am afraid. The words complained of
11 in the counterclaim do not include the words on page 2 of
12 the Background Briefing, referring to damage to the ozone
13 layer. If you look at page 7 -- I am not suggesting anyone
14 does it now, but that is why I want to say this before we
15 close shop this afternoon -- of the defence and
16 counterclaim.
17
18 MR. RAMPTON: Yes, I am sorry, my files always come apart when
19 transported. Of the Defence to Counterclaim did
20 your Lordship say?
21
22 MR. JUSTICE BELL: Yes.
23
24 MR. RAMPTON: Yes.
25
26 MR. JUSTICE BELL: The counterclaim part of the Defence to
27 Counterclaim, if my memory is correct, sets out the parts
28 complained of in the press release first, the leaflet to
29 customers second, and then the Background Briefing third.
30 I may have not got them in the right order, but if you look
31 at page 7 of the Defence to Counterclaim, it jumped from
32 the bottom of page 1 of the Background Briefing to part way
33 down page 3 of the Background Briefing.
34
35 MR. RAMPTON: Yes, the group has.
36
37 MR. JUSTICE BELL: It omits entirely that part of the Background
38 Briefing on the top half of page 2 which Mr. Morris has in
39 mind. It does not make any reference to damage to the
40 ozone layer ---
41
42 MR. RAMPTON: No.
43
44 MR. JUSTICE BELL: -- or CFCs or HCFCs, query. So, the only
45 matters of which the Defendants complain in the
46 counterclaim, so far as lies are concerned, query, are that
47 McDonald's allege that they have lied in the leaflet.
48
49 MR. RAMPTON: That is right.
50
51 MR. JUSTICE BELL: And the leaflet does not say anything about
52 ozone layer or CFCs or HCFCs.
53
54 Now, why page 2 was not complained of in the counterclaim,
55 I do not know whether it is for me to speculate. It may be
56 that the pleader was saying, "The thrust is that they say
57 we have lied in the leaflet", and the sophistication of
58 ozone layer and CFCs and HCFCs not being in the leaflet but
59 being referred to in the Background Briefing also, it might
60 be said, is lies, pass the pleader by.
