Day 307 - 27 Nov 96 - Page 06
1 were so, that it was published with express malice as you
2 have, in fact, pleaded in your counterclaim or, rather,
3 reply to defence to counterclaim.
4
5 MS. STEEL: Right.
6
7 MR. JUSTICE BELL: What I suggest you do is do your very best
8 over the next day and a half, if indeed you need that
9 period of time, to say what you feel able to say on the
10 various issues in relation to the counterclaim. Read and
11 listen carefully to what Mr. Rampton says on that and then
12 ask me, if you wish to address me further on the
13 counterclaim, after he has finished. If you do have it in
14 mind to make such an application you must be ready to go
15 straightaway, do you understand, when he has finished?
16
17 MS. STEEL: Right. That is if -- I mean, I am not sure what
18 Mr. Rampton is saying about the counterclaim. He did say
19 he was not going to hand that in in writing.
20
21 MR. JUSTICE BELL: Let us wait and see. I have told you I will
22 consider what is right when, indeed, I have seen and heard
23 what he has said. But what I want you to try and avoid, if
24 you do make that application, is to make the application on
25 the basis, "Now we would like time to consider it before we
26 address you". I am just saying, in case I say, "Yes, by
27 all means you can have a day to reply to what he said on
28 counterclaim or half a day", or whatever, you must do your
29 best to be ready to go straightaway on that.
30
31 Who is going to start first, then?
32
33 MS. STEEL: Me. The first thing is, have you got a set of all
34 the pleadings available?
35
36 MR. JUSTICE BELL: I have a bundle of the counterclaim
37 pleadings.
38
39 MS. STEEL: Yes. I am going to be referring to them quite a
40 lot.
41
42 MR. JUSTICE BELL: Yes.
43
44 MS. STEEL: The first thing is the defence to counterclaim
45 document, which is dated -----
46
47 MR. JUSTICE BELL: Yes, I have that.
48
49 MS. STEEL: 20th June, it says 1944, but I think it is supposed
50 to be 1994. In the second paragraph of that McDonald's
51 admit publication of the press release entitled "McDonald's
52 Restaurants and London Greenpeace" , which is set out in
53 paragraph 2 of their defence to counterclaim. That refers
54 to paragraph 13 of our counterclaim. The words are set out
55 in there. So they have admitted publication of that.
56
57 If you go on to the further and better particulars of the
58 defence to counterclaim, which was served on 15th July
59 1994, there are a total of 41 different media
60 correspondence for all the national daily papers and for
