Day 313 - 13 Dec 96 - Page 53
1 possibly be used as an example of malice. We still think
2 they are all relevant and we believe the court believes
3 most are relevant, otherwise they would not have allowed
4 them to be admissible as issues in this case and argued on
5 both sides. In fact, McDonald's defended many of them
6 themselves, so they obviously believe they were relevant.
7 I will not go into any more detail on that.
8
9 The next page, the point about the press coming into the
10 courtroom, I am not even going to deal with it. It is
11 ridiculous. I think Helen dealt with mostly all of that.
12 Can I point out, of course, there is no evidence of us
13 distributing the fact sheet, we say at all, but certainly
14 since 1990 and this relates to, I suppose it relates to the
15 counterclaim. But can I point out that the evidence in the
16 -- the evidence of the appearance on McSpotlight of the
17 fact sheet I think was dated two days after the launch of
18 the Webb site. So, I do not see how our alleged
19 involvement in launching the site can be evidence of
20 something that appeared on the site two days later, or that
21 there is only evidence it appeared on the site two days
22 later, and Helen said that she was not aware it was on the
23 site anyway. So, that is why I was not sure if that point
24 had been dealt with.
25
26 I think that is virtually it, yes. Thank you very much.
27
28 MR. JUSTICE BELL: Thank you.
29
30 MR. RAMPTON: My Lord, I would say, first, if I may, that
31 I invite your Lordship to take into account, both in
32 relation to malice on the part of the Defendants and in
33 relation to the quantum of damages (if any), if it be
34 awarded to the Plaintiffs, the Defendants' whole conduct of
35 today's proceedings. I need not say any more than that,
36 except to say, perhaps, it is a classic example of what
37 Lord Diplock was talking about in Broom v. Castle in the
38 passage that I cited to your Lordship the other day.
39
40 MS. STEEL: I do not want to interrupt but there is not any
41 evidence at all that -- and I know this is a reference to
42 the press being here -- but we actually were not aware they
43 were coming and it was absolutely a total surprise to us.
44
45 MR. RAMPTON: That is as may be, and I have no evidence to
46 contradict it. What I do say is that we have observed
47 today the most cynical piece of opportunism practically in
48 the whole of this case.
49
50 My Lord, can I deal with a few little matters before I come
51 to the main point which your Lordship mentioned this
52 morning. First of all, in relation to the passage from
53 Horrocks v. Lowe, starting at page 150 letter H and then
54 letter B on 151, which is conveniently set out in that
55 written submission on malice which Ms. Steel handed in to
56 your Lordship this morning, or this afternoon; it is in
57 paragraph No. 2. I do not know if your Lordship has it.
58
59 MR. JUSTICE BELL: Yes.
60
