Day 309 - 03 Dec 96 - Page 65
1
2 What I think I will do is, I will raise the queries which
3 were crossing my mind so at least everyone can go away with
4 them, whether that helps or not. But Mr. Morris makes the
5 point that even if CFC or HCFC damage to the ozone layer is
6 not relevant to your claim in respect of the environment,
7 it is relevant to the allegation of lying which is made, or
8 he says is made, in the press release and the leaflets,
9 whether to the customer or the Background Briefing, the
10 lies referred to in the press releases, it seems to me at
11 the moment, are clearly lies in the leaflet.
12
13 MR. RAMPTON: In the leaflet?
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15 MR. JUSTICE BELL: Yes.
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17 MR. RAMPTON: Yes, I agree with that.
18
19 MR. JUSTICE BELL: It refers to the leaflet and then lies, and
20 the leaflet, let us assume, does not deal with CFCs and
21 HCFCs or damage to the ozone layer, and the press release
22 does not mention damage to the ozone layer.
23
24 MR. MORRIS: It does.
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26 MR. JUSTICE BELL: The leaflet to our customers again refers to
27 the leaflet and lies in the leaflet, let us assume, and
28 does not, itself, refer to CFCs or HCFCs or ozone layer, so
29 I can understand you would say, look, it only refers to
30 what is in the leaflet, it only says what is in the leaflet
31 is lies and the leaflet does not say anything about the
32 ozone layer or HCFCs or CFCs. The Background Briefing on
33 its first and third pages refers to lies in the leaflet.
34 So, ditto, so far, the press release and the leaflet to
35 customers. But page 2 of the Background Briefing.
36
37 MR. RAMPTON: Sorry, I just got it.
38
39 MR. JUSTICE BELL: Yes. Page 2 of the Background Briefing
40 states that -- I think it is near the top without turning
41 it up again, I was looking at it again yesterday.
42
43 MR. RAMPTON: Yes, it does.
44
45 MR. JUSTICE BELL: It refers, "The leaflet states that
46 McDonald's... (dot dot dot dot) damages the ozone layer".
47
48 MR. RAMPTON: Somebody has got in a muddle.
49
50 MR. JUSTICE BELL: In fact, at the moment I do not think it
51 does, but that is what the Background Briefing says the
52 leaflet states, and it goes on to say, I think a little
53 lower down, that CFCs were removed immediately in line with
54 the Montreal protocol. Query, therefore, that the net
55 effect of the Background Briefing in distinction from the
56 original press release and the leaflet to customers means
57 that McDonald's have lied by saying that the Defendants
58 have lied by saying that McDonald's damages the ozone
59 layer. In fact, what has happened, it may well be, is that
60 someone has, in saying that the leaflet says that
