Day 146 - 03 Jul 95 - Page 28


     
     1
     2   MR. JUSTICE BELL:  I do not mean publication in the sense of an
     3        issue on the claim.  Let me just look at (B).  What does
     4        (B) relate to?
     5
     6   MR. ATKINSON:  (B) relates to the question of the Defendants'
     7        involvement or otherwise in the Greenpeace (London)
     8        anti-McDonald's campaign.
     9
    10   MR. JUSTICE BELL:  It may be obvious, but I would like you to
    11        spell out why these matters are relevant to an issue on the
    12        counterclaim.
    13
    14   MR. ATKINSON:   I think in that case we do need to look at some
    15        of the pleadings.
    16
    17   MR. JUSTICE BELL:  Yes.  We will take the five-minute break
    18        there and you can -- I am doing this for the Defendants'
    19        benefit as well as my own -- isolate in ordinary
    20        terminology what the issue is which you say there should be
    21        discovery about, whether discovery actually reveals any
    22        document or not, but the formal process should discovery be
    23        gone through.
    24
    25                       (Short Adjournment).
    26
    27   MR. ATKINSON:  My Lord, to answer your query, if I could take
    28        your Lordship to paragraph 17 of the Defence and
    29        Counterclaim which is at the front of the counterclaim
    30        file, it is on page 10 of my bundle.
    31
    32   MR. JUSTICE BELL:  Yes.
    33
    34   MR. ATKINSON:   You see there that that is the meaning
    35        paragraph.  Then if one goes over the page to F on page 11,
    36        one of the meanings that the Defendants alleged that our
    37        publications bore was that they have falsely claimed that
    38        they are not actively involved when they have for many
    39        years taken the leading role in a consistent campaign
    40        against McDonald's, including responsibility for organising
    41        demonstrations and anti-McDonald's fairs.  That was their
    42        pleading.
    43
    44        My Lord, that was replied to and if one goes to paragraph
    45        7F of the Plaintiffs' Defence to Counterclaim, that is on
    46        page 4 of that pleading.  I do not have a page number.
    47
    48   MR. JUSTICE BELL:  No, mine is not paginated either, but page 4
    49        anyway.
    50 
    51   MR. ATKINSON:   You see there is an F there which really 
    52        corresponds to the Plaintiffs' paragraph or meaning where 
    53        the Plaintiffs are saying they will seek to justify as one
    54        of their meanings that the Defendants have made false
    55        claims as to their involvement in a persistent campaign
    56        against McDonald's by denying that they have for many years
    57        taken from McDonald's therein.  Then one goes to the
    58        particulars supporting the truth of that meaning, and that
    59        is on page 9 of that pleading, particulars 7 at the bottom
    60        of page 9.  I will not read all that out, unless your

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