Day 308 - 28 Nov 96 - Page 35


     
     1   MR. JUSTICE BELL:  Yes.
     2
     3   MS. STEEL:   Just that, if anybody attending meetings, and
     4        whatever else McDonald's are alleging, is responsible for
     5        distribution of the fact sheet, then the inquiry agents
     6        must, similarly, be responsible for distribution of the
     7        fact sheet; and if they are responsible for any
     8        distribution of the fact sheet "whensoever and wheresoever
     9        it occurred", then, as agents of McDonald's, McDonald's is
    10        responsible for their actions and has, therefore, consented
    11        to each and every publication of the fact sheet since the
    12        agents first became involved with the group in 1989.
    13
    14        To that end, on day 258, page 39, line 55, Mr. Nicholson
    15        said that he knew it was a possibility that agents might
    16        have to get involved in pickets and in leafleting in order
    17        to be accepted by the group.  So, he is therefore fully
    18        aware that there was a distinct possibility that they would
    19        distribute copies of the fact sheet, and yet he did not do
    20        anything about preventing that.  But, in any event, they
    21        are their agents; so McDonald's have become responsible,
    22        anyway.
    23
    24        Just a brief point about the Veggies fact sheet, which
    25        relates to consent but it also relates to the "whensoever
    26        and wheresoever" the fact sheet has been distributed
    27        pleading.  Because, as we have heard, McDonald's
    28        effectively agreed to the form of the Veggies fact sheet
    29        after the amendments had been made, any copies from them,
    30        any copies of leaflets produced by Veggies or any
    31        derivatives of the leaflets produced by Veggies, McDonald's
    32        cannot complain about and they cannot use in this action as
    33        evidence against us of this "whensoever and wheresoever"
    34        pleading.
    35
    36        If you look through the publication bundles, it is
    37        important to note which are copies of the Veggies
    38        fact sheet because, in actual fact, the vast majority were,
    39        or derivatives of the Veggies fact sheet; and, as we heard
    40        on the evidence from any number of places -- and I will try
    41        and dig out the references for this in writing -- Veggies
    42        were the ones that were distributing the fact sheet and the
    43        derivatives of it, the shorter leaflets, in bulk, not
    44        London Greenpeace,, and McDonald's had assented to that,
    45        effectively.
    46
    47   MR. MORRIS:  We are not saying they agreed with the contents,
    48        but they effectively consented to its continued
    49        distribution.
    50 
    51   MS. STEEL:   They gave their tacit approval by saying that 
    52        Veggies should make certain amendments, and not bothering 
    53        to say anything about the rest of the leaflet -- which
    54        anybody would naturally assume means that they were
    55        satisfied with the rest of the leaflet; obviously, not that
    56        they were happy that it was being distributed, but that
    57        they did not consider it to be defamatory.
    58
    59        Just a final thing on publication, which is to throw in a
    60        word of caution when considering whether or not myself and

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