Day 305 - 25 Nov 96 - Page 06

     
     1        I would consider them admissible documents.  I have stated
     2        a number of times from this position here what my position
     3        is, anyway, so it is not really surprising.
     4
     5   MR. JUSTICE BELL:  You say anything you want to to me about
     6        that, either during the time you have available and
     7        addressing me in court or in any written additions which
     8        you make.
     9
    10   MR. MORRIS:  Anyway, the main thing is that it is not a piece of
    11        evidence in terms of the Haringey affidavit; it is a 23, or
    12        something, or a 28-word summary of this entire case,
    13        written by a solicitor.  It is clearly not my words.  It
    14        says: "This arose from leaflets we had produced concerning
    15        inter alia" -- which is something I would never write, I do
    16        not think -- "the nutrition of McDonald's food" -- which
    17        I would not write -- "their employment policies and the
    18        effect of their operations on the environment."  So that,
    19        clearly, is not my words.
    20
         Secondly, just in case my counter affidavit is not
    22        considered as evidence, the whole statement is about the
    23        pressure that we were under in this case, so that I would
    24        not have time to prepare for another case, being the
    25        Haringey matter; and, therefore, the pressure that I was
    26        under obviously reflects on the ability to write, check,
    27        monitor or whatever, what my solicitor was doing in the
    28        Haringey case, and is, indeed, in this affidavit.  That is
    29        the point I am making.  So, the pressure I was under is
    30        evidence, whether or not my affidavit for this case about
    31        this is taken as evidence or not.
    32
    33        Thirdly, it purports to say that this arose from
    34        leaflets "we had produced", and yet the Plaintiffs have
    35        dropped their case against Ms. Steel on alleged production
    36        of the fact sheet, which is a clear acceptance by the
    37        Plaintiffs that the affidavit is not correct.  Ms. Steel
    38        has countered it, in any event.  It is quite clear, also --
    39        which is as we heard from a solicitor -- that I had
    40        instructed her before McDonald's received a copy of this
         affidavit.
    42
    43   MR. JUSTICE BELL:  We have not heard from a solicitor.  So,
    44        again, put that down as something -- at the moment, I have
    45        no evidence from your solicitor and I have no evidence from
    46        you.  I have evidence from Ms. Steel, and I have obviously
    47        had to bear in mind the point you have just made that if
    48        she did not produce it, if that is the situation at the end
    49        of the day, then it was inaccurate at least in that
    50        respect; query, therefore, whether it was accurate in 
    51        relation to you.  But at the moment, I have no admissible 
    52        evidence from you or your solicitor on this point.  That is 
    53        my view at the moment, which I declare quite openly so that
    54        you can come back at me if you wish.
    55
    56   MR. MORRIS:  If I do not know what the situation is now, but as
    57        we were relying on the solicitor's letter, then it should
    58        be considered to be admissible under the Civil Evidence Act
    59        notice.
    60