Day 309 - 03 Dec 96 - Page 66


     
     1        McDonald's damage the ozone layer, been looking at the
     2        particulars of justification and not at the leaflet.
     3
     4   MR. RAMPTON:  Yes, that is almost certainly right I should have
     5        thought.
     6
     7   MR. JUSTICE BELL:  Now, I would like your help on that as to
     8        whether, therefore, damage to the ozone layer and CFCs and
     9        HCFCs are relevant in relation to the counterclaim.  But
    10        there is more to come I am afraid.  The words complained of
    11        in the counterclaim do not include the words on page 2 of
    12        the Background Briefing, referring to damage to the ozone
    13        layer.  If you look at page 7 -- I am not suggesting anyone
    14        does it now, but that is why I want to say this before we
    15        close shop this afternoon -- of the defence and
    16        counterclaim.
    17
    18   MR. RAMPTON:  Yes, I am sorry, my files always come apart when
    19        transported.  Of the Defence to Counterclaim did
    20        your Lordship say?
    21
    22   MR. JUSTICE BELL: Yes.
    23
    24   MR. RAMPTON:  Yes.
    25
    26   MR. JUSTICE BELL:  The counterclaim part of the Defence to
    27        Counterclaim, if my memory is correct, sets out the parts
    28        complained of in the press release first, the leaflet to
    29        customers second, and then the Background Briefing third.
    30        I may have not got them in the right order, but if you look
    31        at page 7 of the Defence to Counterclaim, it jumped from
    32        the bottom of page 1 of the Background Briefing to part way
    33        down page 3 of the Background Briefing.
    34
    35   MR. RAMPTON:  Yes, the group has.
    36
    37   MR. JUSTICE BELL:  It omits entirely that part of the Background
    38        Briefing on the top half of page 2 which Mr. Morris has in
    39        mind.  It does not make any reference to damage to the
    40        ozone layer ---
    41
    42   MR. RAMPTON:  No.
    43
    44   MR. JUSTICE BELL:  -- or CFCs or HCFCs, query.  So, the only
    45        matters of which the Defendants complain in the
    46        counterclaim, so far as lies are concerned, query, are that
    47        McDonald's allege that they have lied in the leaflet.
    48
    49   MR. RAMPTON:  That is right.
    50 
    51   MR. JUSTICE BELL:  And the leaflet does not say anything about 
    52        ozone layer or CFCs or HCFCs. 
    53
    54        Now, why page 2 was not complained of in the counterclaim,
    55        I do not know whether it is for me to speculate.  It may be
    56        that the pleader was saying, "The thrust is that they say
    57        we have lied in the leaflet", and the sophistication of
    58        ozone layer and CFCs and HCFCs not being in the leaflet but
    59        being referred to in the Background Briefing also, it might
    60        be said, is lies, pass the pleader by.

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