Day 307 - 27 Nov 96 - Page 19
1 "Libel Action Background Briefing", it does not appear in
2 the other two documents, I do not think, and it is taken
3 from the second to last paragraph of the "Libel Action
4 Background Briefing", which says: "These two individuals",
5 which is a clear reference to us, "have chosen to defend
6 the leaflet and, contrary to their claims that they are not
7 actively involved, they have for many years taken leading
8 roles in a consistent campaign against McDonald's,
9 including responsibility for organising demonstrations and
10 anti-McDonald's fairs".
11
12 The Plaintiffs' pleaded meaning (f) is: "The Defendants
13 have made false claims as to their involvement in a
14 persistent campaign against McDonald's by denying that they
15 have for many years taken prominent roles therein". Now,
16 we would say that that is not the natural and ordinary
17 meaning of that paragraph. The "prominent roles" is a step
18 down from leading roles, and people might think it was, for
19 example, more justified to take action against somebody who
20 was in charge or having a leading role than they would
21 against somebody who had a prominent role. Obviously, we
22 do not accept this anyway, but the point is the words that
23 are used in the press release are "leading role", not
24 "prominent".
25
26 The second point about their meaning is that it does not
27 include the part about "including responsibility for
28 organising demonstrations and anti-McDonald's fairs", which
29 all add to the impression in the public's mind that we are,
30 you know, heavily -- well, we are leading a heavy campaign
31 against the Plaintiffs with persistent and frequent
32 demonstrations and anti-McDonald's events that are
33 organised by us personally.
34
35 Anyway, I mean, really that is the meaning, and, to sum up,
36 it is obvious we consider that the meanings we have pleaded
37 are the natural and ordinary meanings of the press releases
38 and leaflet distributed by McDonald's, and that their
39 meanings are not the natural and ordinary meanings which
40 would be attached to those documents by reasonable members
41 of the public.
42
43 I do not know if it is appropriate to have the break?
44
45 MR. JUSTICE BELL: Yes, we will take the five minute break.
46
47 (Short Adjournment)
48
49 MS. STEEL: Now, then, on page 4 of the defence to counterclaim
50 the Plaintiffs go on to say that, if necessary, the Second
51 Plaintiff will rely upon the provisions of section 5 of the
52 Defamation Act 1952, which is justification, or that they
53 are going to justify the attack on us that was made in
54 these press releases and leaflets. Then, underneath that,
55 they give as particulars. They say, "The following
56 pleadings in the main action are here repeated", and they
57 say the Statement of Claim as number one, and all the
58 further and better particulars, obviously.
59
60 So they are therefore stating here that they are setting
