Day 308 - 28 Nov 96 - Page 37


     
     1        Just to that point as well, McDonald's were aware at the
     2        time that issued writs that we were unwaged and that we
     3        would be unable to pay them any damages if we lost the
     4        action.
     5
     6        It was their choice to sue.  They were also aware that it
     7        would be extremely difficult for us to fight the case
     8        without any resources to pay for legal representations and
     9        without any legal qualifications or experience.
    10
    11        Basically, McDonald's hoped and believed that we would be
    12        unable to meet the necessary legal procedures and withstand
    13        the pressure of a libel trial on such a wide range of
    14        issues, and that they, therefore, hoped to obtain a quick
    15        and easy judgment, wipe the floor with us, and then use
    16        that to silence other critics by trumpeting it to them.
    17
    18        Just, really, that McDonald's have had almost every
    19        advantage in this case with the financial resources at
    20        their disposal, with the burden of proof being entirely on
    21        us, with being able to be represented by an experienced
    22        legal team, and so on.  The only advantage that we have had
    23        is that truth is on our side; and that is really what has
    24        enabled us to fight this case, with donations from the
    25        public to enable us to meet the practicalities and
    26        formalities involved -- the point being that even when you
    27        have got truth on your side, it can be outweighed by
    28        propaganda and skilful manipulation and by the fact that
    29        one side has a team and resources which will enable them to
    30        call witnesses from all over the world and track those
    31        witnesses down, and so on, and spend ages analysing the
    32        evidence for the purposes of a closing speech, and the
    33        other side has got just more or less the two of us, with
    34        occasional legal back-up, and no experience in how to track
    35        down witnesses, and so on.
    36
    37        Really, it is quite amazing that, against overwhelming
    38        odds, we have managed to stand up for 308 days in court to
    39        a huge multi-national with all the advantages on its side.
    40        Just, really, that that should be taken into consideration
    41        when weighing up all the evidence in this case.
    42
    43        I mean, obviously, we still want to do some legal
    44        submissions, but that is basically it.
    45
    46   MR. JUSTICE BELL:  Yes.  Thank you both.
    47
    48   MR. RAMPTON:  I wonder whether your Lordship would say quarter
    49        past, only for this reason -- well, two reasons: what
    50        I have to say to your Lordship this afternoon will not take 
    51        more than about 20 minutes, half an hour.  I am a little 
    52        anxious -- only, as I say, quarter past -- in case the 
    53        materials are a bit late coming.  There are three lots of
    54         -----
    55
    56   MR. JUSTICE BELL:  I will certainly say quarter past.  Is that
    57        enough?
    58
    59   MR. RAMPTON:  It should be, my Lord.  Can we send a message if
    60        it has not arrived?

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