Day 273 - 03 Jul 96 - Page 29
1 allegations concerning the destruction of tropical
2 rainforests although the fact sheet had also criticised the
3 non-union working conditions of McDonald's, the ill effects
4 of junk food and the torture and murder of animals." And
5 there are letters to this effect elsewhere which we will
6 not need to refer to.
7
8 "Following the publication of the "Peace News"
9 article Veggies Limited received a second letter from
10 McDonald's solicitors in which they extended the requested
11 "correction and apology" to include a retraction of the
12 implication that McDonald's were responsible for the
13 torture and murder of animals. No request was made that
14 criticism of non-union working conditions, ill effects of
15 junk food or other issues raised in the fact sheet should
16 be retracted." That was the letter of 23rd November 1987,
17 which we will not read out anything from.
18
19 MR. JUSTICE BELL: Yes.
20
21 MR. MORRIS: Following an exchange of letters between
22 solicitors, Elliott Mather Smith, now acting on behalf of
23 Veggies Limited, and Barlow Lyde Gilbert, acting on behalf
24 of McDonald's, an agreement was reached set out in a letter
25 from Barlow Lyde and Gilbert dated 6th May, 1988. In the
26 agreed statement Veggies Limited acknowledged that there
27 was no "specific evidence concerning the connection with
28 McDonald's and the raising of beef on former rainforest."
29 If we now go to that letter of the 6th May -- now I do not
30 know whether that is--
31 A. It is in 208.
32
33 Q. It is in 208, at the back of 208?
34 A. Yes.
35
36 Q. This is important I will read this out. This is a letter
37 from Barlow Lyde and Gilbert on behalf of McDonald's
38 Corporation, 6th May 1988, to Elliott Mather Smith, the
39 solicitors acting for Veggies. Is that correct?
40 A. That is correct.
41
42 Q. "We now have our client's instructions and are able to
43 confirm that the modified form of apology is acceptable to
44 them and they will make no further claim whether for
45 damages or costs provided it is included in the next issue
46 of your client's magazine. Would you please let us know
47 when this will be published and send us a copy in due
48 course. For the avoidance of doubt we now set out the
49 apology as it will appear and which we suggest is suitably
50 headed, viz" -- and this is a quote they wanted to be
51 published. "McDonald's Hamburgers Limited. We have been
52 asked to retract the following allegation made in the
53 leaflet "What's wrong with Big Mac", which is not exactly
54 accurate, but...
55
56 "1, that McDonald's are implicated in the destruction
57 of rainforests and, 2, that McDonald's are responsible for
58 the torture and murder of animals. Our response to this
59 demand for retraction is as follows: 1, we are now willing
60 to apologise for having repeated claims for which we have
