Day 308 - 28 Nov 96 - Page 37
1 Just to that point as well, McDonald's were aware at the
2 time that issued writs that we were unwaged and that we
3 would be unable to pay them any damages if we lost the
4 action.
5
6 It was their choice to sue. They were also aware that it
7 would be extremely difficult for us to fight the case
8 without any resources to pay for legal representations and
9 without any legal qualifications or experience.
10
11 Basically, McDonald's hoped and believed that we would be
12 unable to meet the necessary legal procedures and withstand
13 the pressure of a libel trial on such a wide range of
14 issues, and that they, therefore, hoped to obtain a quick
15 and easy judgment, wipe the floor with us, and then use
16 that to silence other critics by trumpeting it to them.
17
18 Just, really, that McDonald's have had almost every
19 advantage in this case with the financial resources at
20 their disposal, with the burden of proof being entirely on
21 us, with being able to be represented by an experienced
22 legal team, and so on. The only advantage that we have had
23 is that truth is on our side; and that is really what has
24 enabled us to fight this case, with donations from the
25 public to enable us to meet the practicalities and
26 formalities involved -- the point being that even when you
27 have got truth on your side, it can be outweighed by
28 propaganda and skilful manipulation and by the fact that
29 one side has a team and resources which will enable them to
30 call witnesses from all over the world and track those
31 witnesses down, and so on, and spend ages analysing the
32 evidence for the purposes of a closing speech, and the
33 other side has got just more or less the two of us, with
34 occasional legal back-up, and no experience in how to track
35 down witnesses, and so on.
36
37 Really, it is quite amazing that, against overwhelming
38 odds, we have managed to stand up for 308 days in court to
39 a huge multi-national with all the advantages on its side.
40 Just, really, that that should be taken into consideration
41 when weighing up all the evidence in this case.
42
43 I mean, obviously, we still want to do some legal
44 submissions, but that is basically it.
45
46 MR. JUSTICE BELL: Yes. Thank you both.
47
48 MR. RAMPTON: I wonder whether your Lordship would say quarter
49 past, only for this reason -- well, two reasons: what
50 I have to say to your Lordship this afternoon will not take
51 more than about 20 minutes, half an hour. I am a little
52 anxious -- only, as I say, quarter past -- in case the
53 materials are a bit late coming. There are three lots of
54 -----
55
56 MR. JUSTICE BELL: I will certainly say quarter past. Is that
57 enough?
58
59 MR. RAMPTON: It should be, my Lord. Can we send a message if
60 it has not arrived?
