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McLibel Case
Human Rights



Published: 15-Feb-2005
By: Katie Razzall



The European Court has ruled the 'McLibel Two' didn't have a fair trial when they took on one of the world's biggest companies by themsleves.


It was the longest case in English legal history and today the European Court of Human Rights said it was an unfair fight.



On the one hand was the worldwide fast-food giant McDonald’s; and on the other, the McLibel Two, comprising a part-time bar worker, and an unemployed single parent .



Helen Steel and David Morris eventually lost the original trial and were told to pay McDonald’s 40-thousand pounds in damages for handing out defamatory leaflets criticising the fast food giant.



That original verdict still stands - but the European Court has now ruled that the 'inequality of arms' in the case - the pair had no legal aid up against the vast power of McDonald’s - meant their human rights had been breached, a decision that could have implications on future libel cases.



Katie Razzall reports.



Savouring not a Mcdonald’s breakfast bagel with bite - but a victory - fifteen years after the fast food chain issued a libel writ against them.



Underneath the golden arches, outside a central London branch of a company that must wish it had never taken on these two campaigners, David Morris and Helen Steel said they had no regrets.



“It was a complete nightmare fighting the case, but at the same time it was a unique opportunity to examine the inner workings of a multi-national company and expose their reality as normally they keep that under wraps.”



- Helen Steel


For nearly three years, the "McLibel Two" as they became known had defended themselves in court against a company that reportedly spent 10 million pounds suing them for libel.



They'd handed out a leaflet "What's Wrong With McDonald’s" which accused the corporation of low pay, cruelty to animals, and other malpractise.



The court case started in 1994 and became the longest in English legal history - but defamation claims aren't entitled to legal aid on either side - so the former postman, him, and former gardener, her, had to mug up on the law.



313 court days, 130 witnesses, 40,000 pages of evidence later came the mixed judgement - McDonald’s had been libeled though the pair had proved some allegations - and they must pay £40,000 - they've refused to do so.



They took their case to Strasbourg and today the European Court of Human Rights ruled their rights to freedom of expression and a fair hearing had been violated because they'd had to represent themselves in such a "highly complex" case. The British Government should also pay them, it said, 55,000 pounds damages and costs.



"They can’t just ignore Strasbourg and say that they wont accept their ruling. It can be a little awkward, but in the current climate of this country with a government that accepts the importance of human rights, They will have to swallow the humble pie and decide what is a fairer way in the future to make sure peoples rights and freedom of speech are properly defended in the libel courts." – Gavin Millar

McDonald’s wouldn't comment on today's judgement except to say the world's moved on since the original court case and so have they.



The Government is considering the decision carefully - but doesn't believe its limited resources for legal aid should be allocated to libel trials - and even someone who's financed the odd case of his own isn't loving the idea.



“I think if the legal aid fund is going to get involved in funding libel actions you might well find there’s a big chunk taken out of other budgets. Once has to ask whether it’s sensible to make libel a priority like that?” – Neil Hamilton



That doesn't look likely - Linford Christie successfully sued John McVicar for libel, McVicar went to Strasbourg saying he should have had legal aid and he lost - it's the complexity of the McLibel case that makes it different.



McDonald’s has been under fire not just from their English tormenters over the years - the movie Supersize Me showed the drawbacks of a diet of burgers, Supersize portions are now off the menu.



The decision to take on David Morris and Helen Steel has been described as the biggest corporate PR disaster in history.



It’s appropriate then that two people who'd probably never go inside a McDonald’s held their press conference outside the fast food chain. They say the resistance will continue.


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