Day 307 - 27 Nov 96 - Page 30


     
     1        that we have ignored several letters.  There is no
     2        evidence, in fact, that we have ignored any letters at
     3        all.  The second point I wanted to make about the 1984
     4        letter is that it was not about the fact sheet.
     5
     6   MR. JUSTICE BELL:   Yes, I have that point.
     7
     8   MS. STEEL:   Yes, and that we did not ignore the September 1990
     9        letter, because it was the letter enclosing the writ and we
    10        responded by filing a defence and fighting the case.  It
    11        can hardly be said that we have ignored their letter.
    12
    13   MR. JUSTICE BELL:   Yes.
    14
    15   MS. STEEL:   That is that, really.  In number (6) -- I mean, I
    16        am not going to go over all the points that I have made
    17        before.  So, if you just assume that I am making them every
    18        time the same thing comes up.
    19
    20   MR. JUSTICE BELL:   Yes.
    21
    22   MS. STEEL:   In paragraph (6) they have asserted that we have
    23        wrongfully caused concern to McDonald's staff, customers,
    24        suppliers and thousands of independent franchisees.  They
    25        are saying that they are going to justify that.  As far as
    26        I can tell, we have not heard any evidence of concern by
    27        McDonald's staff, customers, suppliers and thousands of
    28        independent franchisees as a result of the fact sheet.  So,
    29        they have the burden of proof to show that they have been
    30        wrongfully caused concern and McDonald's have not brought
    31        any evidence on that point.
    32
    33        Number (7):  "The Defendants have made false claims as to
    34        their involvement in a persistent campaign against
    35        McDonald's by denying that they have for many years taken
    36        prominent roles therein."
    37
    38        I have not seen any evidence brought by McDonald's that,
    39        firstly, we made false claims.  I have not seen any
    40        evidence brought by McDonald's about any statements, for
    41        example, made publicly -----
    42
    43   MR. JUSTICE BELL:   What they say is, if you come to the last
    44        long sentence of the inset paragraph on page 10, they are
    45        relying on what they say is in your witness statement and
    46        that of Mr. Morris and answers to interrogatories.  That is
    47        what it boils down to.
    48
    49   MS. STEEL:   OK.  But the first point is, obviously, where have
    50        they shown that the statements that were made in our 
    51        statements and in the interrogatories were false?  They 
    52        have not shown that anywhere.  There is no evidence which, 
    53        you know -- there is no evidence anywhere of us having a
    54        leading role in the campaign.  I mean, they have failed to
    55        show a single lie in either the interrogatories or the
    56        witness statements.
    57
    58   MR. JUSTICE BELL:   That comes back to what I make of the
    59        publication issue, does it not?
    60

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