Pleading

IN THE HIGH COURT OF JUSTICE 1990-M-No .5724

QUEEN'S BENCH DIVISION BETWEEN:

(1) MCDONALD'S CORPORATION

(2) MCDONALD'S RESTAURANTS LTD.

Plaintiffs

- and -

(3) HELEN MARIE STEEL

(4) DAVID MORRIS

Defendants

FURTHER VOLUNTARY PARTICULARS
OF THE
P LAINTIFF'S CASE

The Plaintiffs rely upon the following in relation to:

(a) their claim for an injunction in the main action;
(b) the issue of the Defendants' malice in respect of the matters complained of in the main action;
(c) the Defence to Counterclaim, both as to the defence of justification and the defence of qualified privilege.

(1) On June 30, 1994 (Day 3 of the trial in this action) there was a pile of facsimiles of the leaflet complained of on the side of the Court occupied by the Defendants and their supporters. During the course of that day's proceedings two members of the public left court with one of those facsimilies. It is to be inferred that the Defendants and/or their supporters on their behalf had brought the facsimiles to Court in order to hand them out to memebers of the public and/or media with the purpose of disseminating further the words complained of.

Furthermore, it is likely in the circumstances that all or most of the facsimiles were in fact handed out or otherwise published or caused to be published by or on behalf of the Defendants as part of the activities of Greenpeace (London) and/or of the McLibel Support Campaign, particulars of which have already been pleaded.

(2) On Friday, February 16, 1996, the Defendants publicly launched the "McSpotlight" World-Wide Internet Web Site having on it, among other material, a version of the leaflet complained of in the main action, modified in form for the purposes of the Internet, but containing all the words complained of, by taking part in a "photo-opportunity" outside McDonald's Leicester Square store and a press conference at the Cyberia Cafe, Whitfield Street, London. The Web Site is accessible within the jurisdiction of the Court and across the world and has been accessed by man thousands of people, of whom, it is to be inferred, a substantial number have read the words complained of in the version of the leaflet referred to above. It is reasonable to believe that many more people will in future read the same by accessing the Web Site.

By publicly launching "McSpotlight" and giving their support to the enterprise, the Defendants have caused or procured or been party to or authorised to be published further the words complained of by encouraging users of the Internet to access the Web Site where they are likley to read the same and are responsible for the continuing publication of the same.

Served this 19th day of April 1996 by Barlow Lyde & Gilbert of Beaufort House, 15 St Botolph Street, London EC3A 7NJ