Day 308 - 28 Nov 96 - Page 32


     
     1        apparently accept the admissibility of the documents
     2        referred to in their letters that crossed.  Obviously,
     3        there are provisos, ifs, buts and maybes, where a document
     4        has been challenged or -----
     5
     6   MR. JUSTICE BELL:  I noted up Mrs. Brinley-Codd's schedule and
     7        your faxes in the terms as to what was agreed and what was
     8        agreed with reservations.
     9
    10   MR. MORRIS:  Yes.  OK.  I am just trying to finish.  The last
    11        point I would like to make is that we certainly do not
    12        agree that the E.Coli document is excluded, the
    13        Verocytotoxin Committee one.
    14
    15        The last point I would like to make is that this case is
    16        unprecedented in many ways:  because of the imbalance in
    17        the resources, the lack of Legal Aid, the lack of a jury,
    18        the length of the case, the importance of the issues, the
    19        position of the McDonald's Corporation in terms of its
    20        public perception and its huge advertising spend; and,
    21        because of all the legal arguments that have happened in
    22        this case, I think that -- this is a sort of a final
    23        remark, really -- that this case has been in many ways
    24        beyond precedent.  Is it is an unusual case, and we think
    25        that common sense should be applied to all the areas of the
    26        case where judgment needs to be made, and that, in some
    27        ways, you are in an unique position because of the
    28        unusualness of the case, to evaluate some of the laws and
    29        procedures that presently are in force.  Therefore, we are
    30        hoping that you are persuaded by, for example, developments
    31        in libel and the European law that is increasingly going to
    32        be adopted, and that the public will expect and support a
    33        brave approach based upon the public interest in a case
    34        such as this.
    35
    36        I think, bearing in mind all the circumstances, we believe
    37        our case is proved all round.
    38
    39   MR. JUSTICE BELL:  Yes.  Do you have anything more to say?
    40
    41   MS. STEEL:   Yes, I do.
    42
    43   MR. MORRIS:  She has been trying to get me to shut up for the
    44        last ten minutes!
    45
    46   MS. STEEL:   I just wanted to say something very briefly on
    47        malice, because I did not actually saying about that during
    48        publication; and, obviously, that relates to the
    49        counterclaim as well, in terms of whether or not the
    50        statements were lies, that were in the fact sheet. 
    51 
    52        The point on this is: what evidence have McDonald's brought 
    53        that we did not believe in the fact sheet, in the truth of
    54        the statements in the fact sheet, or that we were
    55        personally motivated by malice?  They have brought
    56        absolutely no evidence to that effect; and they could not
    57        bring any evidence, because it is not true.  We do believe
    58        in the truth of the statements in the fact sheet, and that
    59        is quite clear to everybody who has seen anything going on
    60        with this case.

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