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

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