Day 001 - 28 Jun 94 - Page 21


     
     1
              We enclose herewith a sealed copy Writ, Form of
     2        Acknowledgment of Service and Statement of Claim.
 
     3        It has come to our clients' attention that you have for
              some time been party to the distribution and publication
     4        of a leaflet entitled 'What's wrong with McDonald's?'.
              This leaflet, as you are no doubt well aware, contains a
     5        number of highly defamatory and untrue allegations against
              our Clients and it appears abundantly clear that its
     6        distribution is part of a campaign organised by
               'Greenpeace (London)' to discredit our clients,
     7        irrespective of the truth.
 
     8        Our clients are no longer prepared to allow the
              dissemination of these libels to go unchallenged and
     9        uncorrected.  Accordingly they require that you: 1.
              Undertake to the High Court that the publication and
    10        distribution of this leaflet, and any other material
              defamatory of our Clients, by you will cease forthwith.
    11
              2. Join in making a statement in Open Court in which you
    12        acknowledge the falsity of the libels contained in the
              leaflet (which are, for convenience, identified in
    13        paragraph 4 of the Statement of Claim served on you with
              this letter).
    14
              3. Meet our clients costs in full.
    15
              If the above requirements are met in full within 14 days
    16        of service of proceedings upon you our Clients are
              prepared to waive their undoubted right to damages.
    17        Failing this, they intend to bring this matter as speedily
              as possible to trial.  Having regard to the gravity of the
    18        matters contained in this letter and the proceedings
              against you, we would advise that you consult solicitors
    19        forthwith".
 
    20        There are further letters in that part of the bundle which
              shows that is what happened.  Solicitors were instructed.
    21        The outcome was this, that in due course the other three
              defendants, Mr. Gravett,  Mr. Clarke and Mr. O'Farrell,
    22        capitulated.  They agreed to comply with the terms of this
              letter I just read.  They apologised to the plaintiffs in
    23        open court and they gave undertakings to the court not to
              repeat the allegations complained of.  The statement in
    24        open court was read and the undertakings given to the
              court in January 1991.  My Lord that is a significant
    25        date, as your Lordship will shortly see.
  
    26        However, not Mr. Morris or Miss Steel.  They maintain (as 
              they still maintain), first, that they did not publish the 
    27        leaflet complained of and, second, that its contents were
              true or fair comment.  My Lord, as to publication, which
    28        is an issue in the case, the direct evidence which the
              plaintiffs will call I have almost outlined.  There is
    29        evidence of a more general kind which shows that whoever
              it is within London Greenpeace who actually hands out the
    30        material in the physical sense, the distribution is very
              much part of what we would describe as a joint enterprise

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