Day 311 - 06 Dec 96 - Page 03
1 alter the meaning at all.
2
3 MR. JUSTICE BELL: Yes.
4
5 MS. STEEL: The only additional point that I was going to make
6 was, as Mr. Rampton said the other day, he had not even
7 noticed that those words actually were not included in the
8 counterclaim. He cannot really sort of say that he has
9 been disadvantaged because he assumed they were there.
10
11 MR. JUSTICE BELL: I think that is what he accepts. What he is
12 saying is that if it were said that they should now go in
13 and, moreover, that the reason is that it was said that the
14 leaflet states that McDonald's damages the ozone layer,
15 when the leaflet does not say that, was because McDonald's
16 were deliberately trying to mislead the public into
17 thinking that you had said something which you had not
18 said, and that was evidence of malice, then he would object
19 to a pleading to that effect, because it is too late for
20 him to call any evidence to try and explain how an innocent
21 mistake was made. I think what you are saying is that it
22 was an innocent error to leave it out in the first place,
23 and he is saying it was an innocent error. I have to say,
24 on the information presently available, I can see that all
25 someone has done is confuse what was in the leaflet with
26 what was in your particulars of justification -- if you see
27 what I mean. On that basis, you should have leave to
28 insert this.
29
30 You need not have it all typed out again. If any appeal
31 against any decision I make, either claim or counterclaim,
32 goes ahead, then you must make sure that the bundle of
33 pleadings includes both the form of amendment in relation
34 to consent and the change to paragraph 16, including the
35 insertion of the sheet you have given me and the words at
36 the beginning of 16, which I have just written in on mine
37 at the moment.
38
39 MS. STEEL: At the beginning of 16? I am a bit-----
40
41 MR. JUSTICE BELL: Yes. Do you remember? At the moment, it
42 says "during May 1994", and you have added words "and
43 since", and "has continued to publish".
44
45 MS. STEEL: Yes -- the amendments we made in July?
46
47 MR. JUSTICE BELL: Yes. What I will do, then, I will grant
48 leave to amend by the insertion of the parts which you
49 handed up, on what is presently page 9, after the words "to
50 stop people telling lies", insert this extra sheet.
51
52 MS. STEEL: Thank you.
53
54 MR. MORRIS: Just a couple of things. First of all, I wanted to
55 point out that on page 1 of the publication and page 5 of
56 the publication there are references to matters that are
57 not evidence in the case, which is my statement at the top
58 of page 1 and, bottom of page 5, my interrogatories, which
59 are not entered as evidence in the case. But, obviously,
60 there is a lot we could say, but we are waiting for
