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.
