Day 148 - 05 Jul 95 - Page 40
1 got this far, I have to give a direction that each party
2 give discovery by list, query whether sworn to by affidavit
3 or not in relation to the issues which appear on the
4 counterclaim.
5
6 But what Barlows have tried do in that letter is point to
7 matters which they argue, and Mr. Atkinson argued
8 yesterday, should be covered by that discovery. In a sense
9 all I have to do is say discovery by list in relation to
10 issues arising on the counterclaim, but what Mr. Atkinson,
11 in effect, I think is asking me to do is to go on to say,
12 such discovery to cover the issues set out in Barlows'
13 letter of 3rd February.
14
15 So, what you should do is have an opportunity to argue that
16 I should not add some words such as that.
17
18 MS. STEEL: It strikes me that the Plaintiffs have used the
19 phrase "fishing expedition" on a large number of occasions
20 in the past and in terms of documents relating to our
21 involvement or otherwise in the publication of the material
22 disclosed or referred to in connection with the Defence to
23 counterclaim of the leaflet complained of and each of the
24 similar leaflets entitled: "What is wrong with
25 McDonald's", and each of the items in the McLibel file.
26 The vast majority of those, there is absolutely no evidence
27 whatsoever and no pleading whatsoever to connect us with
28 those leaflets.
29
30 If there is no evidence of our involvement with those
31 leaflets whatsoever from the Plaintiffs, then they have no
32 right to discovery on those matters.
33
34 MR. JUSTICE BELL: You are going back to the matters which
35 concerned me before Christmas in 1993 which concerned the
36 Court of Appeal leading up to Neill L.J.'s judgment on 25th
37 March 1994. At the moment the matters are pleaded and so
38 following -----
39
40 MS. STEEL: They are not, though, with respect. I do not see
41 anywhere in the counterclaim how it is pleaded that we were
42 involved in distributing a leaflet in Australia or New
43 Zealand. It is not pleaded. There is some vague statement
44 about general anti-McDonald's leaflets. The individual
45 leaflets, there is no pleading concerning how we were
46 involved in the distribution of those leaflets.
47
48 MR. ATKINSON: I do not know, my Lord, whether it would be
49 helpful simply to move things on if I say something now
50 very quickly ---
51
52 MR. JUSTICE BELL: Yes.
53
54 MR. ATKINSON: -- which is that if one goes to the voluntary
55 particulars of the Defence to counterclaim served on
56 10th March 1995, which is at tab 7 of your Lordship's
57 counterclaim file, I hope.
58
59 MR. JUSTICE BELL: Yes, it is.
60
