Day 057 - 29 Nov 94 - Page 56


     
     1        all these leaflets were published, and they have not done
     2        that at any stage.  Obviously, there are a number of
     3        leaflets in here we have never even seen before they have
     4        appeared in here.  If we are to be held responsible for
     5        this, that and the other, in order to prepare our case we
     6        need to be able to answer what they are saying and, where
     7        necessary, deny any involvement.  I do not think we can do
     8        that unless the Plaintiffs actually specify where and when
     9        they got these leaflets from.
    10
    11        This is also point 6 on Mr. Morris' list of outstanding
    12        legal issues, but on point 6 it is in relation to two whole
    13        Lever Arch files full of leaflets.  We do not feel they
    14        should be able to rely on them if they are not going to say
    15        where they come from and, well, where they come from and
    16        when they were allegedly distributed and how they assert we
    17        are connected to them.
    18
    19   MR. MORRIS:  When we say "connected" we mean causally connected
    20        to them.
    21
    22   MR. JUSTICE BELL:  Where does the reference come to that in the
    23        Further and Better Particulars?  It is earlier on.
    24
    25   MS. STEEL:  Page 9 I think.
    26
    27   MR. JUSTICE BELL:  Are the leaflets which you are referring to
    28        the ones in yellow bundle II?
    29
    30   MS. STEEL:  They are actually in the pink bundles.  There are
    31        two pink bundles of publication and they are completely
    32        choca-full with various leaflets, but where they are
    33        referred to in these particulars it is actually the ones
    34        that are found behind the particulars.  It is at the bottom
    35        of page 9 under (iii), each of the items in the McLibel
    36        file.
    37
    38   MR. JUSTICE BELL:  So it is not the ones in paragraph 1?
    39
    40   MS. STEEL:  No.  That is just in relation to the original London
    41        Greenpeace Fact Sheet.
    42
    43   MR. JUSTICE BELL:  That is the bundle of statements in relation
    44        to alleged publication of that, is it?
    45
    46   MS. STEEL:  That is the statements.  Yes, it would be in
    47        relation to (ii) as well as (iii), the similar leaflets.
    48        You see, some of them the Plaintiffs have said where they
    49        have come from, but there are a very large number where
    50        they have not said where they have come from. 
    51 
    52   MR. JUSTICE BELL:  Do the items in the McLibel file include the 
    53        leaflets referred to in (ii)?  In other words, if one
    54        looked at the items in the McLibel file referred to in
    55        paragraph (iii), would that include the similar leaflets he
    56        "What is wrong with McDonald's?" in (ii)?
    57
    58   MS. STEEL:  I think it does include them.  It is all the
    59        leaflets behind tab 1 at the back of the Further and Better
    60        Particulars.

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