Day 313 - 13 Dec 96 - Page 13

     
     1        is, no doubt, why McDonald's included this false allegation
     2        in their leaflets and press releases.  We say that it is a
     3        serious allegation.
     4
     5        Basically, there can be no purpose for them putting it in
     6        there if it was not to paint us in a discreditable way.
     7
     8        Now, really going on to the qualified privilege section,
     9        Mr. Rampton says in paragraph 4.3 that we have deliberately
    10        or otherwise ignored this pleading and that its effect was
    11        not about the Plaintiffs having a right four years later to
    12        respond to the allegations made in the fact sheet.  Now, as
    13        far as we are concerned we have always treated the only
    14        relevant document in the counterclaim as being the
    15        fact sheet which is the subject of the libel action because
    16        that is the only document that is referred to in McDonald's
    17        press releases and leaflets.
    18
    19        However, I do not know what exactly the law is in relation
    20        to qualified privilege, and since Mr. Rampton said we have
         the law wrong, or that the qualified privilege relates to
    22        responding to material published, such as press releases by
    23        the McLibel support campaign and so on, then I want to deal
    24        with that matter in a bit more depth.  In paragraph 4.5,
    25        and this obviously relates to 4.3, Mr. Rampton says the
    26        material to which the documents complained of were a
    27        response is contained in appendix 3 to the Defence to
    28        Counterclaim and that the worst examples are collected in
    29        appendices 3 and 4 to Mr. Preston's statement.  And then he
    30        sets out the dates of those documents, which run from
    31        January 1994 to 5th March 1994.
    32
    33        Now, is it a realistic explanation for the existence of the
    34        McDonald's press releases and leaflets which are the
    35        subject of the counterclaim complaint?  The documents found
    36        in appendices 3 and 4, which McDonald's term as the worst
    37        examples of the material which McDonald's say justified
    38        their privileged response, are dated from January 1994 to
    39        March 5th 1994.  The first dated document disclosed
    40        concerning the publication of the McDonald's press releases
         and leaflets bears a date 31st January 1994, i.e. before
    42        many of the so-called "worst examples" were published.
    43        This document refers to a meeting to be held on 1st
    44        February between McDonald's and Scope PR Agency, and it is
    45        reasonable to assume this meeting had been arranged some
    46        time in advance.
    47
    48        I could not remember the reference where all those
    49        documents got put, I know where I have mine.  But do you
    50        know the document I am referring to, or the Scope minutes
    51        and things like that?
    52
    53   MR. JUSTICE BELL: At the beginning of 'a' bundle.  I was asked
    54        to put them at the front of it and I cannot...  It would
    55        not take it me long to find them.
    56
    57   MS. STEEL:   I think it might be counterclaim volume 1 tab A at
    58        the front.  That might be it.
    59
    60   MR. JUSTICE BELL: Yes.