Day 307 - 27 Nov 96 - Page 28
1 (4) is meant to be a summary of it. Is that right, that
2 number (4) is what McDonald's are saying that those facts
3 which were pleaded in (1), (2), and (3) ---
4
5 MR. JUSTICE BELL: I think so.
6
7 MS. STEEL: -- what they prove?
8
9 MR. JUSTICE BELL: As I understand it, it means what is in (1),
10 (2) and (3) amounts to what is in (4).
11
12 MS. STEEL: Right. OK. In relation to (4)(i), "have
13 intentionally or recklessly published", the Plaintiffs
14 still have not said which of those two they are intending
15 to justify. So we do not know what the position is on
16 that. But even if the Plaintiffs proved recklessness,
17 which we do not consider they would be able to, in our
18 view, that would not be sufficient to justify the
19 defamatory meaning of "lies".
20
21 The second paragraph is: "In the premises the Defendants
22 have published or caused to be published or have been party
23 to or procured the distribution of a leaflet called 'What's
24 wrong with McDonald's' referred to at paragraph (3) of the
25 Statement of Claim."
26
27 I do not understand how this can be "in the premises" when
28 they have not even pleaded an allegation of continued
29 distribution of the fact sheet. I did point that out on
30 the other page, that they were only alleging -- this was on
31 page 6 -- we had continued to distribute the shorter
32 versions of the "What's wrong with McDonald's" leaflets.
33 So, it cannot really follow -- they cannot really say that,
34 in the premises, we have distributed the long version.
35
36 Do you understand what I am saying on that? They have not
37 pleaded an allegation of continued distribution of the fact
38 sheet ---
39
40 MR. JUSTICE BELL: No.
41
42 MS. STEEL: -- in the pleadings that followed before that. So,
43 they cannot say in the premises we have caused or published
44 it -- sorry, published or caused to be published.
45
46 MR. JUSTICE BELL: No. But all I read that as meaning is that
47 they say you have published the leaflet complained of,
48 which contains material which you know to be untrue or
49 which you are reckless as to the truth of.
50
51 MS. STEEL: But there is no allegation after the service of the
52 writs.
53
54 MR. JUSTICE BELL: No, I do not think it is referring to that.
55 That is, as I understand it .....
56
57 MS. STEEL: I do not know. I read it as implying they were
58 saying that.
59
60 MR. JUSTICE BELL: The allegation of lies is that the leaflet,
