Day 283 - 21 Oct 96 - Page 18


     
     1        essential for me to know if there is any dispute about it,
     2        as you go through the various sections of the leaflet under
     3        the headings, is whether you accept that where McDonald's
     4        is referred to, if there is a defamatory statement in
     5        there, whether you accept that that should be taken to mean
     6        the first plaintiff and the second plaintiff.
     7
     8        There is no question of justification or fair comment
     9        arising on this point, but just whether you accept that
    10        what was said in that section would be taken by an ordinary
    11        reader to refer to McDonald's Corporation and McDonald's
    12        Hamburgers Limited.
    13
    14        You have no need to give any kind of answer now, but it is
    15        important.  I mean, in most areas, like employment, I would
    16        have thought the answer is yes, because the reader would
    17        think it referred to whoever runs McDonald's worldwide,
    18        which is the first plaintiff, and whoever runs McDonald's
    19        in this country, where the publication is a alleged, which
    20        happens to be the second plaintiff.
    21
    22        But, for all I know, when we are looking at rainforests or
    23        economic imperialism relating to Latin American countries,
    24        you may want to argue, well, if we are talking about
    25        rainforests the reader would not associate that with the
    26        McDonald's company in this country, although it might
    27        associate it with the McDonald's Corporation.  Do you see
    28        what I mean?
    29
    30   MR. MORRIS:   Yes, you might have to remind me on that.
    31
    32   MR. JUSTICE BELL:   If I remember, I will.  That is the other
    33        matter.  Then we will take a five minute break.  What is
    34        going to be the arrangement about transcripts, Mr. Rampton?
    35
    36   MR. RAMPTON:   We are going to take instructions about that over
    37        the adjournment.  Mr. Morris has made that inquiry.  We
    38        will give your Lordship an answer at 5 past 2, or as soon
    39        as we can, anyway.
    40
    41   MR. JUSTICE BELL:  Yes.
    42
    43   MR. RAMPTON:   I am bound to say, I am relying on them.
    44
    45   MR. JUSTICE BELL:  I will come back in five minutes time.
    46
    47                         (Short Adjournment)
    48
    49   MR. MORRIS:   I am still dealing with the malice and lies,
    50        allegations by McDonald's.  This is the context of what I 
    51        am doing at the moment. 
    52 
    53        Can I just say one thing.  It did strike me that I want to
    54        apologise if I come over as blunt or --
    55
    56   MR. JUSTICE BELL:  You will not offend me with that.
    57
    58   MR. MORRIS:   Right.
    59
    60   MR. JUSTICE BELL:  If, which I am not saying you are, you are,

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