Day 307 - 27 Nov 96 - Page 35


     
     1        I forgot to say this when I was going through the pleadings
     2        before, but in relation to page 8 of the defence to
     3        counterclaim all of the pleadings that are under No 4 are
     4        irrelevant.  The only thing that matters is whether we have
     5        continued to distribute the fact sheet -- 'the leaflet' as
     6        it is referred to in the press releases and McDonald's
     7        leaflet -- since that is what is referred to in the press
     8        releases and leaflets.  They have not even pleaded that we
     9        continued to distribute the fact sheet,
    10        therefore they have no case to support their press releases
    11        and leaflets.
    12
    13        During the trial they alleged two incidents of distribution
    14        of the fact sheet, one in court on the first day of the
    15        trial and the other at the launch of Mcspotlight, and both
    16        of these occurred after the Plaintiffs' publications and
    17        therefore could not be justification for attacking us
    18        personally for distribution of the fact sheet.  There is no
    19        evidence at all that the fact sheet is distributed between
    20        the date of service of the writs on us in September 1990
    21        and the start of the trial.
    22
    23        The other leaflets that are referred to are totally
    24        irrelevant since the whole thrust of the press releases
    25        from McDonald's and the leaflet from McDonald's is that we
    26        have unreasonably ignored McDonald's attempts to let us
    27        know that we were distributing untruths and that we
    28        therefore know that the leaflet, the leaflet that we have
    29        continued to distribute, is lies.  For that reason, the
    30        letter sent in 1984 is irrelevant too, since it is about a
    31        different leaflet which does not contain all the same
    32        criticisms as in the fact sheet.  I probably did...
    33        Actually, I have made a note to say that, so -----
    34
    35   MR JUSTICE BELL:  Yes, I think you have said that before.
    36
    37   MS. STEEL:   I must have done it off the top of my head when I
    38        did it this morning, because I did not read that out then.
    39
    40   MR. MORRIS:   Whilst there is a break there, just to say on that
    41        list of newspaper cuttings, there is 'appendix 3, media and
    42        early day motion file', which is where they come from.
    43        Pages 40-----
    44
    45   MR. JUSTICE BELL:   Which bundle is this, though?
    46
    47   MR. MORRIS:   That is part of the counterclaim, appendix 3,
    48        attached to the defence to counterclaim, 'media and early
    49        day motions file'.  That is the one we looked at that Edie
    50        Bensilum noted. 
    51 
    52        Also, on handwritten 40, bottom left hand corner, and 41, 
    53        there are two other broadcasts by GLR Breakfast Programme,
    54        BBC Radio, 27th May 1994.
    55
    56   MR. JUSTICE BELL:  I do not have numbers on mine.
    57
    58   MR. MORRIS:   I don't know when the numbers got put on.  It was
    59        not put on by us I don't think.  It might have been.  It is
    60        near the back, and it is-----

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