Day 307 - 27 Nov 96 - Page 18
1 that the contents of the said leaflet are untrue". That is
2 really taken from, in particular, the ninth paragraph of
3 the 'Libel Action Background Briefing', which says that
4 "McDonald's has no choice, therefore, but to take steps to
5 stop these lies otherwise the group will continue to
6 deceive the public". So the phrase is used there,
7 "deceiving the public", and then it says: "The group is
8 not incorporated, therefore it was only possible for
9 McDonald's action to be against those individuals who were
10 responsible for distributing the leaflet and who chose to
11 defend it."
12
13 So, that is clearly a reference to us because we are the
14 only people defending this action, and it is clearly saying
15 that we are deliberately deceiving the public. McDonald's
16 pleaded meaning is: "The Defendants are deliberately or
17 recklessly deceiving and intend to continue so to deceive
18 the public when they know full well that the contents of
19 the said leaflet and other material are untrue and/or are
20 reckless as to their truth or falsity."
21
22 Obviously, the first point on that is that there is no
23 reference to recklessness in the press releases, as I said
24 before. The second point is that it says, "and other
25 material" and there are no other materials; it refers to
26 the fact sheet.
27
28 The third point, again, is the end part of that pleaded
29 meaning, which was "and/or are reckless as to their truth
30 or falsity". Again, there is no recklessness stated in the
31 press releases and leaflets.
32
33 The Defendants' meaning (e): "The Defendants and each of
34 them have by circulating and repeating the said lies caused
35 harm to McDonald's staff, customers, suppliers and
36 thousands of independent franchisees". That is taken from
37 the eighth paragraph of the "Libel Action Background
38 Briefing" which states that: "These lies are affecting
39 McDonald's staff, customers, suppliers and thousands of
40 independent franchisees". I do not really have anything to
41 say about the Plaintiffs' pleaded meaning (e). I mean, it
42 just continues from the other meaning.
43
44 Then there is meaning (f). I mean, it is more or less the
45 same as ours, anyway. But they used the word 'improperly'
46 and, obviously, we would say that the statements in the
47 fact sheet are true and, therefore, if any concern was
48 caused to McDonald's staff, customers, suppliers, and
49 thousands of independent franchisees, then that would be
50 perfectly proper because they are issues which people
51 should be concerned about. But in terms of what the
52 meaning is, then I suppose we have not got anything to say
53 about that.
54
55 Then the Defendants' pleaded meaning (f): "The Defendants
56 and each of them have falsely claimed that they are not
57 actively involved when they have for many years taken
58 leading roles in a consistent campaign against McDonald's,
59 including responsibility for organising demonstrations and
60 anti-McDonald's fairs". This one is only taken from the
