Day 307 - 27 Nov 96 - Page 28


     
     1        (4) is meant to be a summary of it.  Is that right, that
     2        number (4) is what McDonald's are saying that those facts
     3        which were pleaded in (1), (2), and (3) ---
     4
     5   MR. JUSTICE BELL:  I think so.
     6
     7   MS. STEEL:   -- what they prove?
     8
     9   MR. JUSTICE BELL:  As I understand it, it means what is in (1),
    10        (2) and (3) amounts to what is in (4).
    11
    12   MS. STEEL:   Right.  OK.  In relation to (4)(i), "have
    13        intentionally or recklessly published", the Plaintiffs
    14        still have not said which of those two they are intending
    15        to justify.  So we do not know what the position is on
    16        that.  But even if the Plaintiffs proved recklessness,
    17        which we do not consider they would be able to, in our
    18        view, that would not be sufficient to justify the
    19        defamatory meaning of "lies".
    20
    21        The second paragraph is: "In the premises the Defendants
    22        have published or caused to be published or have been party
    23        to or procured the distribution of a leaflet called 'What's
    24        wrong with McDonald's' referred to at paragraph (3) of the
    25        Statement of Claim."
    26
    27        I do not understand how this can be "in the premises" when
    28        they have not even pleaded an allegation of continued
    29        distribution of the fact sheet.  I did point that out on
    30        the other page, that they were only alleging -- this was on
    31        page 6 -- we had continued to distribute the shorter
    32        versions of the "What's wrong with McDonald's" leaflets.
    33        So, it cannot really follow -- they cannot really say that,
    34        in the premises, we have distributed the long version.
    35
    36        Do you understand what I am saying on that?  They have not
    37        pleaded an allegation of continued distribution of the fact
    38        sheet ---
    39
    40   MR. JUSTICE BELL:   No.
    41
    42   MS. STEEL:  -- in the pleadings that followed before that.  So,
    43        they cannot say in the premises we have caused or published
    44        it -- sorry, published or caused to be published.
    45
    46   MR. JUSTICE BELL:   No.  But all I read that as meaning is that
    47        they say you have published the leaflet complained of,
    48        which contains material which you know to be untrue or
    49        which you are reckless as to the truth of.
    50 
    51   MS. STEEL:   But there is no allegation after the service of the 
    52        writs. 
    53
    54   MR. JUSTICE BELL:  No, I do not think it is referring to that.
    55        That is, as I understand it .....
    56
    57   MS. STEEL:  I do not know.  I read it as implying they were
    58        saying that.
    59
    60   MR. JUSTICE BELL:   The allegation of lies is that the leaflet,

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