Day 308 - 28 Nov 96 - Page 35
1 MR. JUSTICE BELL: Yes.
2
3 MS. STEEL: Just that, if anybody attending meetings, and
4 whatever else McDonald's are alleging, is responsible for
5 distribution of the fact sheet, then the inquiry agents
6 must, similarly, be responsible for distribution of the
7 fact sheet; and if they are responsible for any
8 distribution of the fact sheet "whensoever and wheresoever
9 it occurred", then, as agents of McDonald's, McDonald's is
10 responsible for their actions and has, therefore, consented
11 to each and every publication of the fact sheet since the
12 agents first became involved with the group in 1989.
13
14 To that end, on day 258, page 39, line 55, Mr. Nicholson
15 said that he knew it was a possibility that agents might
16 have to get involved in pickets and in leafleting in order
17 to be accepted by the group. So, he is therefore fully
18 aware that there was a distinct possibility that they would
19 distribute copies of the fact sheet, and yet he did not do
20 anything about preventing that. But, in any event, they
21 are their agents; so McDonald's have become responsible,
22 anyway.
23
24 Just a brief point about the Veggies fact sheet, which
25 relates to consent but it also relates to the "whensoever
26 and wheresoever" the fact sheet has been distributed
27 pleading. Because, as we have heard, McDonald's
28 effectively agreed to the form of the Veggies fact sheet
29 after the amendments had been made, any copies from them,
30 any copies of leaflets produced by Veggies or any
31 derivatives of the leaflets produced by Veggies, McDonald's
32 cannot complain about and they cannot use in this action as
33 evidence against us of this "whensoever and wheresoever"
34 pleading.
35
36 If you look through the publication bundles, it is
37 important to note which are copies of the Veggies
38 fact sheet because, in actual fact, the vast majority were,
39 or derivatives of the Veggies fact sheet; and, as we heard
40 on the evidence from any number of places -- and I will try
41 and dig out the references for this in writing -- Veggies
42 were the ones that were distributing the fact sheet and the
43 derivatives of it, the shorter leaflets, in bulk, not
44 London Greenpeace,, and McDonald's had assented to that,
45 effectively.
46
47 MR. MORRIS: We are not saying they agreed with the contents,
48 but they effectively consented to its continued
49 distribution.
50
51 MS. STEEL: They gave their tacit approval by saying that
52 Veggies should make certain amendments, and not bothering
53 to say anything about the rest of the leaflet -- which
54 anybody would naturally assume means that they were
55 satisfied with the rest of the leaflet; obviously, not that
56 they were happy that it was being distributed, but that
57 they did not consider it to be defamatory.
58
59 Just a final thing on publication, which is to throw in a
60 word of caution when considering whether or not myself and
