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  • Multinational corporations can be huge

  • even richer than some countries.

  • We'll show you how ordinary people have taken on massive corporations,

  • using the power of the law.

  • The longest running libel case in British legal history:

  • the two friends who took on the might of McDonald's...

  • Cancelled flights: the reason you can now get your money back in Europe...

  • First, you might have heard of McLibel,

  • the longest running libel case in history in England.

  • Activists Helen Steel and David Morris handed out a leaflet

  • called 'What's wrong with McDonald's?'

  • It said McDonald's encouraged litter, was cruel to animals and its workers,

  • and destroyed the rainforests.

  • But McDonald's fought back, demanding that the activists apologise

  • or go to court...

  • which they did.

  • Well, the British judge said McDonald's were right

  • and ordered Helen and David to pay £60,000 damages,

  • which was later reduced to £40,000,

  • but the case didn't end there.

  • The activists went to the European Court of Human Rights in Strasbourg,

  • taking action against the UK government this time.

  • They said, because they didn't have access to legal aid,

  • they didn't have a fair trial.

  • The court in Strasbourg agreed and also said

  • their right to freedom of speech had not been protected.

  • The UK government was ordered to pay £57,000!

  • So, to find out more about why this case went to an international court,

  • let's speak to one of the lawyers involvedMark Stephens.

  • When you go to the European Court, you're taking a case

  • it's not an appealyou're taking a case against the British government,

  • because the British government hasn't assured

  • the basic minimum standards of human rights.

  • So, what we were doing was publicly pointing out

  • that there had been problems with the trial

  • because they had not had legal representation,

  • which they should have done.

  • As Mark says, David and Helen didn't have a fair trial in the UK,

  • so they were able to take a new case to the European Court.

  • So, what helped Helen and David?

  • I think one of the things about McLibel, which isn't properly understood,

  • is the sort of David and Goliath element,

  • in the sense that Steel and Morris didn't have the benefit of lawyers

  • and so the judge gave them very great latitude

  • in the asking of their questions, the framing of their questions

  • and the way in which they were able to comment.

  • And as a result, they were able to get things into the case,

  • which a team of lawyers would have just been prevented from doing,

  • and that played to their real advantage.

  • And I think there's another issue as well, which is that

  • Steel and Morris were indigent: they were smart, but they had no money.

  • They had nothing to lose; they had no house to lose.

  • Other people, who were also in the group,

  • settled out early with McDonald's,

  • because they didn't want to lose their homes.

  • Mark says Helen and David had nothing to lose, and that was an advantage.

  • Ultimately, should big companies be allowed to sue individuals?

  • One of the real benefits for society, and a great outcome from this case,

  • is that the law has now been amended so that companies can't sue for libel,

  • because libel is about an individual's hurt feelings

  • and of course a company doesn't have feelings.

  • Of course, you know, directors and officers of a company

  • can sue for libel, but not a company any more.

  • So, this case couldn't be brought in the modern era,

  • following these law reforms as a result of the McLibel case.

  • Companies now can't do this: this case resulted in UK law being changed

  • so companies can't sue for libel.

  • Mark Stephens showed us that not only can

  • individuals take on these massive companies in court,

  • they can sometimes even change the law

  • to help other individuals in future.

  • If you've ever had a flight cancelled,

  • you might have been able to claim compensation.

  • And that could be because of one woman.

  • Friederike Wallentin-Hermann's flight was cancelled

  • because the plane broke down.

  • The airline, Alitalia, said this was an 'exceptional circumstance' –

  • something very unusual and unpredictable

  • so they wouldn't refund customers the money they'd lost.

  • Friederike took this case to court,

  • where a judge said that engine failure should be expected.

  • The case went to higher European courts, but they said the same thing.

  • Friederike got her money back

  • and now all European customers are entitled to refunds

  • for cancelled flights because of mechanical problems.

  • Let's speak to aviation lawyer Tony Payne

  • about the impact one small case can have.

  • While it might only be a...

  • perceived as a small amount of money for one person,

  • the reality of the situation is there are a lot of people

  • on any one flight and... and there are a lot of flights.

  • And, by application therefore,

  • what you can see is one poor decision can have a floodgate effect.

  • And while this might only be £250,

  • these sorts of claims, almost in a class action likeness,

  • can end up being a very, very significant cost for an airline.

  • That shows that one person taking a company to court and winning

  • can make it more likely for others to win too.

  • Will multinationals win in court

  • because they have more money than an individual?

  • While it might be the perception

  • that the airlines have bottomless amounts of money,

  • that certainly is not the case: this...

  • they run very, very tight margins,

  • which allows consumers like you and I

  • to purchase airline tickets at very low cost.

  • So, they are in fact... can be losing a very significant amount of money

  • when these cases go against them.

  • What Tony's saying is that airlines aren't as rich as they seem

  • and don't have unlimited money, so they can be in real danger

  • when a lot of people take them on in court.

  • So, can one case change the law?

  • Well, it's the basis on which the law is...

  • law is modified. So, the law is made by...

  • by Parliament, or by the European Commission in this case,

  • or the European Parliament, and the law will be modified

  • as the courts look to interpret

  • the way in which that law has been created.

  • So, it does happen every day of the week:

  • you know, the courts are in session all of the time

  • at different levels and the... that...

  • those statutesthat law is being interpreted.

  • So, it is something that is happening very, very regularly.

  • In the aviation context,

  • you might see something like this every six months

  • that there is, sort of, significant new law coming about,

  • but I can tell you that, you know,

  • there are hundreds and hundreds of these claims on for...

  • sometimes for any one airline at any one time. So, it's a...

  • it's a significant likelihood that you are seeing these things happen.

  • This means that although parliaments or other bodies make the laws,

  • action by small people in court can and does have a real effect

  • in changing how the law is interpreted in court cases.

  • That case might have left us wondering

  • why Alitalia decided to go to court not once, but twice!

  • Tony explained that people can have a real impact on big companies.

  • Often lots of people make the same complaint.

  • He also showed that the way the law is used

  • is changed and updated by people like you going to court.

  • We also showed you how, when a national court fails you,

  • you can take your case to an international court.

Multinational corporations can be huge

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