Day 313 - 13 Dec 96 - Page 52


     
     1        we should not have to pay damages to them in the light of
     2        them discrediting us pre-trial.
     3
     4        I think that is all on damages -- yes, wrongly discrediting
     5        us, obviously.
     6
     7        I want to see if we have any final points.  I mean, I do
     8        not know how long Mr. Rampton is going to take. We are
     9        rushing.
    10
    11   MR. RAMPTON:  If your Lordship will indulge me by, maybe, ten
    12        minutes this afternoon, I will certainly finish subject to
    13        anything your Lordship wants to ask me. I know of one point
    14        your Lordship has mentioned.  I am very anxious not to come
    15        back on Monday, if it is unnecessary.
    16
    17   MR. MORRIS:  We will just skate through as fast as we can.
    18        Sorry, we are not doing these necessarily in the most
    19        considered and -----
    20
    21   MR. JUSTICE BELL:  Just sit down and collect your thoughts for a
    22        moment.  (Pause).
    23
    24   MR. MORRIS:  Just the other thing in terms of no damages is that
    25        the unlawful act by the Company, whether they are
    26        sufficient to prove our case or not, certainly damage
    27        McDonald's reputation in terms of employment, in terms of
    28        what we have revealed about the strategy with Ronald
    29        McDonald and pester power which goes against the spirit
    30        and, we believe, the letter of the Advertising Standards
    31        Authority on praying upon children's emotions - the fact
    32        that they advertise their food as nutritious and portray it
    33        as nutritious when it clearly is not as a whole, as we have
    34        heard from the United States laws, and the fact that they
    35        say on their packaging that it is recyclable when they lost
    36        a case on that by the Advertising Standards Authority, and
    37        the fact that they clearly do not conform to the Codes of
    38        Practice in, for example, the animal slaughter, especially
    39        with chickens, for example, which are the only protective
    40        laws or regulations.
    41
    42        So, again, whatever the final meaning and final verdict on
    43        those sections, the fact that we would argue they have
    44        broken the law substantially we say would have the effect
    45        of lowering their reputation and, therefore, meaning they
    46        would not be entitled to damages on those sections.
    47
    48        I have finished on that subject.  Just in terms of -- one
    49        point I have on this bit of paper here is regarding the
    50        Haringey affidavit, we certainly do pray in aid the counter
    51        affidavit which I swore on oath about the truth of the
    52        matter.  I have some things which I can probably deal with
    53        in writing which were just references to transcripts.
    54
    55        I am missing out a lot of stuff.  I am just skating through
    56        this document here.
    57
    58        In Mr. Rampton's closing submissions on malice, point 6,
    59        point 12(6), about all the issues which he says are
    60        irrelevant, we think they are all relevant, so it cannot

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